Australia

In this edition, we report on a decision in which it was held that the law of the seat of arbitration governed an arbitration agreement in an insurance policy, and took priority over an irreconcilable exclusive jurisdiction clause, and another case in which the court decided to summarily enforce the terms of settlement agreements embodied in Tomlin orders.

Historically, each state and territory in Australia has had its own occupational health and safety laws. Over time, the nature of work and workplaces has changed. Accordingly, a decision was made to use model legislation to bring about uniformity nationwide – or at least try.

On the 7 March 2012, the High Court delivered its long anticipated judgment in Strong v Woolworths Limited [2012].