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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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P-P-Piggy in the middle: VSC refuses to grant urgent relief suspending concurrent arbitrations

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, financ...

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