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October 20, 2020

On 23 September 2020, the Attorney General for Western Australia introduced the proposed Building and Construction Industry (Security of Payment) Bill 2020 (WA) (the Bill). If passed, the Bill will create a Security of Payment regime in Western Australia that closely a...

October 6, 2020

A recent decision in the Supreme Court of NSW of Schieb v Burnheim [2020] NSWSC 1254 has found that a representation as to a future matter, made in an informal context, constituted misleading or deceptive conduct, pursuant to the Australian Consumer Law 2011 (Cth) (ACL...

September 2, 2020

The State of Victoria (the State) and Transurban WGT Co (Project Co) entered into an agreement for Project Co to design, construct, commission, finance, and operate the West Gate Road tunnels and related works (the Project Agreement). Project Co, in turn, entered into...

September 1, 2020

In Leeda Projects Pty Ltd v Zeng [2020] VSCA 192, the VSCA has established that damages for loss of use and enjoyment of a property arising from a breach of contract must be ‘compensatory’, and calculated to place an owner in the position they would have been if the pr...

August 24, 2020

The Reserve Bank of Australia and Innovia Films Ltd were parties to a 50/50 joint venture (Securency) that produced polymer for use in printing banknotes. Securency sought to expand sales of its products into foreign markets, and engaged Dr Berry and his company, GSC,...

August 13, 2020

On 25 July 2016, Gemcan Constructions Pty Ltd (Gemcan) and Westbourne Grammar School (WGS) entered into a construction contract for the provision of various works and other services at WGS’ Williamstown campus. The contract comprised of a formal instrument of agreement...

August 11, 2020

In 127 Hobson Street Limited v Honey Bees Preschool Limited [2020] NZSC 53, Honey Bees preschool (tenant) entered into a lease with 127 Hobson Street Limited (landlord). The parties also entered into a Collateral Deed (contract) pursuant to which the landlord was requi...

August 10, 2020

In early June 2020, the Design and Building Practitioners Act 2020 (NSW) (the Act) took effect. The Act is part of the NSW Government’s response to the Shergold Weir Report, which examined the effectiveness of the National Construction Code in Australia following conce...

July 15, 2020

The Illawarra Community Housing Trust (the Trust) entered into an agreement with MP Park Lane (the Developer) to construct residential apartment buildings in New South Wales (the Agreement). Clause 21 of the Agreement contained the dispute resolution regime, which prov...

June 23, 2020

The recent decision of the Queensland Supreme Court in Acciona Agua Australia Pty Ltd v Monadelphous Engineering Pty Ltd [2020] QSC 133 considered what constitutes jurisdictional error for the purposes of claims made under the Building Industry Fairness (Security of Pa...

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Western Australian Security of Payment Bill – proposed shifts towards the east coast model

October 20, 2020

On 23 September 2020, the Attorney General for Western Australia introduced the proposed Building and Construction Industry (Security of Payment) Bill...

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