Latest News & Articles
December 14, 2022
Full Federal Court Decides Appeal on Apartment Render
In April 2022 we reported on the Federal Court of Australia decision of Ripani v Century Legend Pty Ltd [2022] FCA 242. The proceeding involved claims...December 9, 2022
South Australian Court of Appeal finds proportionate liability regimes not appropriate for application in arbitration
In the recent decision of Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2022] SASCA 107, the South Australian Court of Appeal...November 7, 2022
UK exclusive jurisdiction clause insufficient to deem the Federal Court of Australia a ‘clearly inappropriate forum’
In the recent decision of Ayers Rock SkyShip Pty Ltd v Lindstrand Technologies Limited [2022] FCA 1208, the Federal Court considered the...September 6, 2022
Queensland Court of Appeal Enforces Arbitration Agreement
In the recent decision of Lee v Lin & Anor [2022] QCA 140, the Queensland Court of Appeal considered the enforceability of an arbitration...August 29, 2022
English High Court considers application of arbitral award to ‘non-parties’
In the decision of PJSC National Bank Trust & Anor v Mints & Ors [2022] EWHC 871 (Comm), the English High Court considered whether the...August 22, 2022
Failure to Follow Defect Rectification Regime not a Bar to Damages
In the recent decision of Hacer Group Pty Ltd v Euro Façade Tech Export SDN BHD [2022] VSC 373, the Victorian Supreme Court found that failure to...August 12, 2022
Stage 1 of WA Security of Payment Reforms Commences
On 1 August 2022, stage 1 of the Building and Construction Industry (Security of Payment) Act 2021 (WA) came into effect. The Act is being implemented...August 8, 2022
When are liquidated damages a penalty?
In Laurus Group Pty Ltd v Mitsui & Co (Australia) Ltd [2022] VSC 360 the Victorian Supreme Court considered a broad range of contract issues...