A contractual clause providing that an agreement 'shall be effective as of the date of its acceptance and execution by the Seller' is at least arguably insufficient to dispense with the common law requirement for communication of acceptance, particularly where 'effective' is distinguishable from 'made', where acceptance and execution are treated as separate acts, and where commercial considerations favour requiring communication. The question of where the onus of proof lies on the forum non conveniens limb of an application to set aside service outside the jurisdiction under O 10 RSC (WA) remains unresolved.
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