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
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
The Western Australian government has sought industry comment on a suite of significant proposed reforms to the WA security of payment regime ("SOP"). If passed, the Bill represents the most significant reform to the...more
8/14/2020
/ Australia ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Drafting ,
Contract Terms ,
Coronavirus/COVID-19 ,
Dispute Resolution ,
International Litigation ,
Notice Requirements ,
Proposed Amendments
The Situation: Australian courts have struggled with balancing the broad statutory protections afforded to consumers and businesses whilst giving effect to the contractual bargains of well-advised, sophisticated commercial...more
8/7/2018
/ Australia ,
Australian Consumer Law ,
Cause of Action Accrual ,
Construction Contracts ,
Damage Caps ,
Notice Requirements ,
Public Policy ,
Statutory Rights ,
Supreme Court of New South Wales ,
Time-Barred Claims ,
Victorian Supreme Court
The Situation: The High Court of Australia has, for the first time, confirmed that determinations by adjudicators appointed under security of payment legislation are not reviewable for errors of law alone.
The Result: The...more
The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties.
The Development:...more
The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere.
The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more
10/24/2017
/ Arbitration ,
Arbitration Agreements ,
Australia ,
Foreign Jurisdictions ,
Hague Convention ,
International Arbitration ,
Jurisdiction ,
Samsung ,
Singapore ,
Subpoenas ,
Third-Party ,
Venue
The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more
10/17/2017
/ Australia ,
Best Practices ,
Canada ,
Contract Interpretation ,
Contract Terms ,
Design-Build ,
Duty to Warn ,
Federal Industry Standards ,
Fitness for Particular Purpose ,
General Contractors ,
Scotland ,
UK ,
UK Supreme Court
The Situation: Australian courts have regularly maintained that contractors must strictly comply with any express conditions for extra time or money under construction contracts, including conditions requiring written notice...more