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Statutory Protections vs. Freedom of Contract: A Shift in the Balance?

The Situation: Australian courts have struggled with balancing the broad statutory protections afforded to consumers and businesses whilst giving effect to the contractual bargains of well-advised, sophisticated commercial...more

The End of the "Deemed Liability" Adjudication in Western Australia

The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...more

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