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November 22, 2017

The NSW Court of Appeal has recently considered the approach to be taken in interpreting contractual dispute resolution clauses in relation to a party’s right to litigate after an expert determination.

Lipman Pty Ltd (Lipman) and Empire Facades Pty Ltd (Empire) entered...

September 20, 2017

The recent decision of MT Højgaard A/S v E.On Climate & Renewables UK Robin Rigg East Limited and another in the UK Supreme Court highlights the common tension between various obligations in design and construction contracts, as to the final product.

MT Højgaard A/S (MT...

August 4, 2017

The Court of Appeal of Western Australia recently considered the ability of a subcontractor to prevent recourse to bank guarantees to recover liquidated damages, when the underlying entitlement to the liquidated damages was the subject of dispute between the parties.

In...

August 1, 2017

The Supreme Court of New South Wales in Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd [2017] NSWSC 613 has reaffirmed the importance of having a valid contractual reference date when submitting payment claims under the Building and Construction Industry S...

July 11, 2017

TA recent NSW Supreme Court decision AGL Energy Limited v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765 reinforces the approach that Courts will adopt when determining the existence of an arbitration agreement.

A dispute arose between AGL Energy Limited (AGL) and Jemen...

July 4, 2017

Whilst indemnity provisions were once the sole domain of insurance contracts, it is becoming increasingly common in construction contracts in Australia to include broad indemnities as a means of allocating risk between the parties, particularly in major infrastructure...

June 2, 2017

The Victorian Court of Appeal recently handed down judgment in relation to an appeal from the Supreme Court decision in North East Solution Pty Ltd v Masters Home Improvement Pty Ltd [2016] VSC 1 (Masters).

Masters concerned an agreement between North East Solutions an...

May 19, 2017

A recent Court of Appeal decision from New South Wales serves as a timely reminder of the onward march of payment, under security of payment legislation.

The decision arose from a dispute between Fitz Jersey Limited (Fitz Jersey), a property developer, and Atlas Constru...

April 6, 2017

In the recent decision of Parkview Constructions Pty Limited v Total Lifestyle Windows Pty Ltd t/as Total Concept Group [2017] NSWSC 194, the New South Wales Supreme Court considered when documents contained on a USB are deemed to be served under the Building and Const...

March 28, 2017

In the recent decision of Maxcon Constructions Pty Ltd v Vadasz (No 2) [2017] SASCFC 2 the Full Court of the South Australian Supreme Court was asked to determine the circumstances in which an adjudicator’s decision can be reviewed by the Court.

Vadasz, a subcontractor,...

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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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