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Political bulls in the China shop: who’ll pick up the pieces of a national energy policy?

The National Energy Guarantee, Australia’s latest attempt to forge a coherent energy and emissions reduction policy, had been painstakingly negotiated by the Energy Security Board, through a wide range of interest groups.  In its aftermath, how coherent policymaking can be co-ordinated in this fraught policy space remains as pressing a question as ever before.

 

Got a hunch? Navigating the rules of preliminary discovery

The rules of most Victorian courts permit a party, in certain circumstances, to obtain discovery of material prior to commencing proceedings. Like many rule-based tests, there can be some confusion about the requirements as well as the discretionary factors involved in obtaining preliminary discovery. The Supreme Court in a recent appeal decision has shed some light.

Mediation in Sports Disputes

Mediation in sports disputes is growing in popularity. This article reviews the benefits offered by mediation and considers how sports disputes are different from ordinary commercial disputes. The author also offers some practical suggestions for mediators in sports disputes.

Contractual time bars and claims for damages for misleading or deceptive conduct under s 236 of the ACL

A contractual provision which had the effect of excluding liability for damages for misleading or deceptive conduct under s 236 of the Australian Consumer Law if the complainant failed to give a notice of the proposed claim within a prescribed time limit was found to be unenforceable. Such a provision was also found to be ineffective in a “no transaction” case.

Revised payment claims under the Security of Payment Act may be invalid

A “revised” payment claim, for a different sum, served one day after another payment claim had been served was invalid because it was held to be a second payment claim and therefore in contravention of s 14(8) of the Building and Construction Industry Security of Payment Act 2002 (Vic) which prohibits more than one payment claim being served in respect of the same reference date.

Review of ‘competence’ decisions under s 16(9) of the CAA by Courts – hearing de novo

Arbitral tribunals have the ‘competence’ to make rulings on their own jurisdiction under s 16 of the CAA (and Model Law).  However, within 30 days after the ruling, a party can seek a review of that decision by asking the Court to decide the matter (s 16(9)).  The Supreme Court of Victoria has held, by reference to international authorities, that such a review is by way of hearing de novo.