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May 20, 2020

Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 involved Inghams’ appeal to the NSW Court of Appeal, seeking to overturn the NSW Supreme Court decision on the basis that it erred in its construction of the arbitration clause

May 11, 2020

This case considers whether the deprivation of contractual rights could amount to a penalty for the purpose of the doctrine. Here, a clause operated to render the warranties granted under the contract void ab inito where Playup had failed to pay one day late. The claus...

May 5, 2020

On 3 October 2018, Hanson terminated the Contract. On 28 August 2019, nearly 12 months after termination, Brolton issued Hanson a payment claim titled ‘Progress Claim for September 2018’ claiming $6.3 million. The claim incorporated previously submitted payment claims...

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Speak now or forever hold your peace – jurisdictional error in relation to claims made under the QLD SOPA legislation

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 wha...

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