Publication
Good faith and the exercise of contractual discretions
Kevin Arkwright and Jeffrey Goldberger consider the role of good faith in Australian contract law.
Australia | Publication | March 2020
March brings with it Autumn, its shorter days and cooler nights, and our second issue of The Commonwealth Quarterly.
It’s no less promising than the first, with Kevin Arkwright and Jeffrey Goldberger on good faith; Nicki Milionis on trends in workplace health and safety; Peter Mulligan and Lauren Holz on privacy; Alexandra Holland on public interest certificates; and Catherine Whitby on why Commonwealth agencies should take data management seriously.
So grab a coffee, find a cozy spot, settle down and enjoy the read – and if you have any thoughts or suggestions for future issues, please let us know.
Holly McAdam
Partner and Head of Office
Canberra
Publication
Kevin Arkwright and Jeffrey Goldberger consider the role of good faith in Australian contract law.
Publication
Nicki Milionis extracts some key findings from the 21st edition of Safe Work Australia's "Comparative Performance Monitoring Report".
Publication
Peter Mulligan and Lauren Holz encourage the protection of persona data.
Publication
Overview of the main provisions of the Competition Law, and discussion of the enforcement regime and recent enforcement trends.
Publication
Artificial intelligence (AI) raises many intellectual property (IP) issues.
Publication
The European Court of Human Rights (ECtHR or the Court) recently ruled in Verein KlimaSeniorinnen Schweiz & Ors v. Switzerland (Application No. 53600/20) that Switzerland had breached the European Convention of Human Rights (the Convention) by not taking sufficient action against climate change. In particular, it found a breach of the right to respect for private and family life contained in Article 8 of the Convention, based on Switzerland’s failure to mitigate the impact of climate change on the lives, health, well-being and quality of life of its citizens. It also ruled that Switzerland had breached the right to a fair trial in terms of Article 6, in that the domestic courts failed to examine the merits of the applicants’ complaints, including the scientific evidence. In this article we consider the key features of this landmark judgment, which has wide ramifications for Member States of the Convention.
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