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
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
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