News & Articles
June 29, 2018
Exceptions to a stay on enforcing ‘ipso facto’ clauses in the construction context
It is not uncommon for construction contracts to contain provisions which allow the principal to terminate the contract on the basis of an 'insolvency event'....
June 22, 2018
Does the non-existence of a person prescribed to nominate an arbitrator render an agreement to arbit
The recent decision of the Supreme Court of New South Wales in Broken Hill City Council v Unique Urban Built Pty Ltd [2018] NSWSC 825 considered what...
June 12, 2018
Void SOPA determination – why the merits of a claim must be addressed
In the recent Supreme Court of New South Wales decision of Laing O'Rourke Australia Construction Pty Ltd v Monford Group Pty Ltd [2018] NSWSC 491, the...
June 7, 2018
Calling on performance security: Is the requirement of strict compliance form over substance?
The recent Queensland Supreme Court case of Santos Limited v BNP Paribas [2018] QSC 105 demonstrates the importance of strict compliance with...