Feature News & Articles
April 11, 2024

What is the impact of waiving a precondition to arbitration?

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March 22, 2024

Misleading or deceptive conduct: will reliance on expert opinion establish reasonable grounds? It depends on the facts.

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March 14, 2024

‘Same Job, Same Pay’ reforms – what can the construction sector do in preparation?

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Latest News & Articles
February 23, 2024

Fitness for what purpose?

Nicholas Tsirogiannis and Danijela Malesevic Introduction  One of the clauses that gets a lot of attention in negotiating a design and...

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February 12, 2024

Recent Cases on NSW Security of Payment Act

In two recent judgements, the New South Wales Court of Appeal has provided a useful reminder of the requirements for a valid payment claim and payment schedule...

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February 9, 2024

Incentivised Target Cost: a new way forward?

Nicholas Tsirogiannis and Danijela Malesevic Introduction The Incentivised Target Cost (ITC) model is a new delivery...

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January 31, 2024

Strict compliance with legislative requirements necessary under Queensland SOPA

In the recent case of Iris Broadbeach Business Pty Ltd v Descon Group Australia Pty Ltd & Anor [2023] QSC 290 the Supreme Court of Queensland...

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December 7, 2023

Federal Court considers whether legal professional privilege prevents disclosure of an independent ‘root cause’ report

The recent Federal Court decision of Robertson v Singtel Optus Pty Ltd considered (amongst other things) whether an independent report commissioned by...

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November 17, 2023

NSW Court of Appeal clarifies the scope of an adjudicator’s duty to consider

The New South Wales Court of Appeal (NSWCA) in Ceerose Pty Ltd v A-Civil Aust Pty Ltd [2023] NSWCA 215 examined the scope of an...

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November 14, 2023

Extravagant? Out of proportion? It’s likely to be a penalty. NSW Supreme Court reiterates principles delineating between enforceable payments upon default and penalties.

Bellas v Powers [2023] NSWSC 1198 serves as a reminder that clauses purporting to make fees payable upon default need to be carefully considered to...

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November 9, 2023

Collaborative Delivery Models: where to from here?

Nicholas Tsirogiannis and Danijela Malesevic The transport infrastructure boom has seen traditional fixed-price and hard risk transfer procurement models...

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