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accepted agreement allow application approach appropriate Australia authority basis benefit Bill body breach charitable circumstances claim clear client Commission common concern conduct consideration considered continue contract costs Council Court of Appeal criminal damages deal decision defendant determination direct discussion documents duty effect employees employment established evidence example existing express fact further give given held High Court important income interest involved issues Judge judgment jurisdiction land lawyers legislation limited litigation majority Maori matter means mediation necessary noted objective obligations particular parties person position practice principles privilege problems procedure proceedings proposed protection question reasonable received referred relation relationship relevant respect responsibility result rules specific suggested trade trust Zealand