News

Alternative Dispute Resolution Explained

Litigation can be a costly and time-consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) options and their respective benefits and limitations. What is ADR? The term ADR is used to describe dispute resolution processes that do not involve traditional litigation procedures or final adjudication of a Court or Tribunal. The aim of ADR is to provide participants with a quicker and cheaper...

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Franchisors must act in good faith and reasonable cause

A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and reasonableness’. The obligation of good faith is reflected in the Franchising Code of Conduct which sets out mandatory processes for buying and selling a franchise and regulates the conduct of franchisors and franchisees. The obligation of good faith was considered at...

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The benefits of mediation in a commercial dispute

Lawyers are often stereotyped as being interested in prolonging an expensive Court action, more often the opposite is true. Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested in preserving long standing relationships with their clients will often recommend alternative dispute resolution options instead of going to Court - mediation being one. According to the Professional Dispute Resolution Centre in Perth there is a settlement rate...

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Common misconceptions about estate planning

An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article, we look at some common misconceptions about Wills and estate planning and dispel some of the myths to put you on the right track to prepare an effective estate plan. I have a Will – isn’t that an...

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