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Breach of Contract › Australia

White & Case LLP

Constructive acceleration successfully claimed

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Outside of the United States, claims for constructive acceleration usually fail. However, in a recent Australian case such a claim succeeded. Does this now open the way for contractors to deploy constructive acceleration...more

White & Case LLP

Managing construction risks in Asia-Pacific: Australia

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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

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Claims Against Subcontractors: Contingent Loss, No Recovery?

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A main contractor is often in a difficult position during project disputes, caught in the middle between its liabilities to the employer and its ability to recover those losses from its subcontractors. But, what happens when...more

K&L Gates LLP

COVID-19: Doctrine of Frustration: Implications for Contracts in Australia

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*This information is accurate as of 6.30pm Friday 27 March 2020 and is subject to change as this situation evolves. Contracts in Australia and around the world are being impacted by the extraordinary measures and...more

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High Court of Australia clarifies the availability of the remedy of restitution on a ‘quantum meruit’ basis

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a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis....more

White & Case LLP

Construction contracts: "No damage for delay" clause enforced

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In a recent case, the Federal Court of Australia confirmed that it will enforce a "no damage for delay" clause, including when delay occurs as a result of a variation under a contract....more

K&L Gates LLP

Franchising Update

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Franchising is set to undergo change following the Australian Federal election. The Senate Standing Committee on Education and Employment recently recommended further amendments to the Franchising Code of Conduct to allow...more

K&L Gates LLP

Will you be Penalised for a Penalty?

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Recent Developments in the law of Penalties - The law has long struggled with two competing notions about the proper approach to penalties, namely: 1. the freedom of parties to contract, 2. preventing a party from obtaining a...more

K&L Gates LLP

Developers Beware – Court of Appeal Clarifies the Effect of a Breach of the Sale of Land Act

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In Barker v Midstyle Nominees Pty Ltd [2014] WASCA 75, the West Australian Court of Appeal has considered the legal consequences of a developer entering into off the plan contracts in breach of Section 13 of the Sale of Land...more

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