CONTRACT - example

[Adrian Fischer]

Im doing an event next month and a now going through the contract. Most of it is standard stuff to which Ive replied in some detail already. Lots of "we the agreed parties etc..." There is one clause that talks about waiving the right to trial by jury in any proceedings to litigate disputes arising that got my attention though.

Has anyone seen this before?

[kiwi]

pass - need a lawyer for that one I think.

There are usuaally standard contractual terms talking about the necessity to enter into arbitration etc prior to any civil suit that's common in say GITC contracts etc, but Ive not seen this clause before in an Australian context

[Kym]

See: http://www.aph.gov.au/library/intguide/law/rights1988em.htm

Yes, you can agree to a non-jury trial (if needed). It usually speeds up the process if it were needed.

[Adrian Fischer]

I think this contract has been a cut and paste from other documents and possibly some USA influence as well. I ran it past our in house counsel. Apart from a few wording issues its all ok. I included that arbitration mediation would be before any legal proceedings.

Thanks for the input.

[reaction]

why do you prefer one or the other?