Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more
The Problem: The Construction Contracts Act 2004 (WA) contains a number of provisions that are to be implied into construction contracts that are silent as to those matters. These implied terms have been a steady source of...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
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 Supreme Court is often called upon by an aggrieved party to restrain enforcement of an adjudicator's determination whilst that party seeks to have the determination set aside. In an ex tempore decision in Atlas...more