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Australia
applicable lawproportionate liabilityparty autonomy
Tesseract International Pty Ltd v Pascale Construction Pty Ltd
[2024] HCA 24
Key Principle
Australian statutory proportionate liability regimes (here Part 3 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) and Part VIA of the Competition and Consumer Act 2010 (Cth)) can apply in a domestic commercial arbitration conducted under the Commercial Arbitration Act 2011 (SA), giving effect to party autonomy.
Area of Law
commercial
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