Latest News & Articles
October 29, 2021
Court of Appeal interprets entitlement to delay costs under cost plus contract
In Santos Limited v Fluor Australia Pty Ltd [2021] QCA 204 the Queensland Court of Appeal was asked to interpret a builder’s entitlement to costs...October 21, 2021
Court of Appeal Upholds Application of Commercial Arbitration Act
Each Australian State and Territory has a Commercial Arbitration Act, adopted from the UNCITRAL Model Law on International Commercial Arbitration and...September 23, 2021
Supreme Court of Tasmania (Full Court) confirms position on security bond
The recent decision of the Supreme Court of Tasmania (Full Court) in Hansen Yuncken Pty Ltd v Parliament Square Hobart Landowner Pty Ltd [2021] TASFC...September 10, 2021
Will proposed reforms to Unfair Contract Terms regime affect the building and construction industry?
In late August 2021 the Federal Government released exposure draft legislation which proposes reforms to the Unfair Contract Terms (UCT)...August 30, 2021
Supreme Court of NSW considers exclusion of the prevention principle
The recent decision of MP Water Pty Ltd v Veolia Water Australia Pty Ltd (No 3) [2021] NSWSC 1023 confirmed that the prevention principle can be...August 18, 2021
UK Supreme Court overturns Court of Appeal’s interpretation of Liquidated Damages clause
The UK Supreme Court (UKSC) in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 has overturned the English and...August 16, 2021
The Big Pineapple and Negative Stipulations
The recent decision of Rankin Investments (Qld) Pty Ltd & Anor v CMC Property Pty Ltd & Ors [2021] QCA 156 considered whether a contractual...August 11, 2021
Supreme Court Allows Arbitral Tribunal to Determine its Own Jurisdiction
The NSW Supreme Court in CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820 recently considered and upheld the kompetenz-kompetenz...