When “Giving In” Isn’t an Agreement: Evidence, Assumptions, and the High Court’s Course in ACCC v Hutchinson
ACCC v Hutchinson confirms that capitulating under pressure is not an unlawful “understanding”. The High Court required proof of communication and mutual commitment. This article explains the case and how Clean Law’s one-path funding and tender-consolidation process give clients clarity on strategy, risk and cost before committing to litigation.
Power That Can Be Used Against You
Minister for Public Works v Renard Constructions reshaped Australian contract law by confirming that broad contractual powers must be exercised reasonably and for a proper purpose. The case remains a leading authority on good faith, discretion, and fairness in commercial agreements.
Clarity Without Guesswork: What Mount Bruce Mining v Wright Prospecting Teaches Every Australian About Contracts
A decades-old mining agreement triggered a $130 million dispute because key phrases were read differently years later. The High Court restored commercial common sense: contracts mean what reasonable businesspeople would understand in their proper context. This case shows how clarity of structure protects everyone — and how ambiguity grows costly when decisions rely on a single interpretation.