A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining,...more
In Short -
The Situation: Security of payment ("SOP") legislation across Australia provides a "pay now, argue later" regime for payment claims by contractors in the construction industry. The legislation expressly...more
The Situation: For over a decade, all Australian jurisdictions have had in place security of payment ("SOP") legislation—statutory regimes providing for the submission and payment of progress claims, and resolution of payment...more
The construction sector in Australia has long been affected by insolvency and broader liquidity issues. In the last year, construction companies accounted for 26% of businesses that entered into insolvency, and insolvencies...more
In Short -
The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case...more
The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. ...more
Under the latest New South Wales Public Health Order, all non-urgent work at construction sites in Greater Sydney has been paused from 12:01 a.m. on Monday 19 July until 11:59 p.m. on Friday 30 July....more
The Situation: In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are narrowly circumscribed. Having chosen to resolve their disputes...more
Australia's competition authority settles allegations that port operator misused its market power.
The Australian Competition and Consumer Commission ("ACCC") secured a declaration in its first action under Section 46 of the...more
The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these...more
The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more
11/9/2020
/ Amended Legislation ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Contractors ,
General Contractors ,
Payment Schedules ,
Payment Terms ,
Subcontractors ,
Trusts
Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more
The government's latest restrictions will impact owners, contractors, and suppliers.
The Victorian Government has moved the Victorian construction industry to a "pilot light" status from 5 August 2020, until at least 16...more
On October 21, 2019, significant changes to New South Wales ("NSW") security of payment laws come into effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2018 and...more
The Situation: Statutory adjudications continue to be deployed readily on projects in the construction and engineering fields.
The Result: There have been a host of cases on the operation and scope of such adjudications in...more
Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more
6/15/2017
/ Appeals ,
Appellate Jurisdiction ,
Appellate Review ,
Assignments ,
Australia ,
Cause of Action Accrual ,
Conditions of Payment ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Contract Terms ,
Error At Law ,
High Court of Australia ,
Infrastructure ,
Insolvency ,
International Construction Projects ,
Joint Venture ,
Leave to Appeal ,
Liquidation ,
Payment Terms