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September 5, 2019

The recent decision of the New South Wales Court of Appeal in Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd [2019] NSWCA 185 considered, amongst other things, whether a right to terminate had been validly exercised within a ‘reasonable time’.

August 22, 2019

A recent decision of the NSWSC considered whether an agreement was intended to be a binding joint venture agreement, or only an agreement to negotiate.

August 20, 2019

The recent decision of the Western Australian Court of Appeal in Tokio Marine & Nichido Fire Insurance Ltd v Hans Bo Kristian Holgersson [2019] WASCA 114 considered the circumstances in which the terms of a contract should not be given effect because of an ‘obvious err...

July 30, 2019

In November 2018, the NSW Government passed legislation amending the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act). Recently, the NSW Government confirmed that the amendments introduced under the Building and Construction Industry Sec...

July 29, 2019

In Ayers Rock SkyShip Pty Ltd v Voyages Indigenous Tourism Australia Pty Ltd [2019] NSWSC 828, the New South Wales Supreme Court considered the operation of a contractual clause requiring a party to provide services at specified times, in circumstances where compliance...

July 25, 2019

The recent decision of the Supreme Court of Queensland in Bulkbuild Pty Ltd v Fortuna Well Pty Ltd & Ors [2019] QSC 173 considered the circumstances in which an arbitration agreement is “incapable of being performed” for the purposes of the Commercial Arbitration Act 2...

July 15, 2019

The Supreme Court of New South Wales considered the circumstances in which an Owner can reasonably refuse to allow a Builder to return to a property to rectify defects.

June 28, 2019

Do Parent Company Guarantees create a pay now, argue later obligation?

June 12, 2019

Family feud: validity of arbitration clauses may be determined in arbitration

June 5, 2019

Expert determination – does ‘according to law’ mean free from legal error?

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Fine Tuning Costs for Breach of Contract

January 22, 2020

Mr Vogel designed the world’s first digital music synthesiser in the late 1970s, the Fairlight CMI. In 2009, Mr Vogel established a new company, Fairl...

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