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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-10-28 Daily Xml
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Gillman Land Sale

Mr MARSHALL (Dunstan—Leader of the Opposition) (14:07): Thank you. What remedies does the contract provide if ACP does not get on with it, as the Deputy Premier has suggested in the parliament today?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (14:07): Again, as I tried to explain yesterday, with commercial contracts of this nature, which are quite large and quite complex, there is a number of different ways that they can be drafted. This is up to the parties and the lawyers concerned, but in broad terms, one approach is to say—and this is the approach that we have here—that there are certain milestones that are meant to be achieved as expeditiously as possible, with the parties acting in good faith.

In the event of there being a dispute between the parties—and a dispute might be, for instance, that one party believes another has been slow or not fully engaged in part of its responsibilities—the agreements have within them terms in relation to dispute resolution. So, the agreement itself contains its own dispute resolution provisions, and in the event of there being, as was put forward by the leader, a lack of performance by either party, the first recourse they would have would be to the dispute resolution procedures provided for within the agreement.

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