Civil Procedure
June 16, 2017 12:30 PM | Posted by Petrina Macpherson and Hazal Gacka |
The Queensland Court of Appeal dismissed an application for leave to appeal a costs decision of the Appeal Tribunal of the Queensland Civil and Administrative Tribunal because the decision was not an appealable decision under this Act. [read more]
May 17, 2017 9:49 AM | Posted by Rahul Bhattacharya |
On 26 April 2017, sections 3, 6 to 13, 14(2), 15 and 59 to 68 of the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) came into force. These provisions create a new framework for resolving domestic building work disputes by requiring parties to attempt to resolve a dispute through conciliation before they can commence legal proceedings. [read more]
November 18, 2016 2:44 PM | Posted by Tom Kearney and Sven Svalbe |
This recent Victorian Supreme Court decision considers the circumstances in which the making of a written contractual promise can itself amount to misleading and deceptive conduct.  [read more]
November 18, 2016 10:22 AM | Posted by Saran Bavich |
Questions about contractual construction are capable of determination by experts. Where the contract provides for expert determination of disputes, it should be followed before court proceedings are commenced.  [read more]
November 8, 2016 8:28 AM | Posted by Petrina Macpherson and Sarah Cahill |
The Queensland Court of Appeal has made it clear that equitable defences of lack of benefit and change in position are not available to defeat a claim for reasonable remuneration in a case where work has been performed at the request of another.  [read more]
September 15, 2016 9:59 AM | Posted by Owen Cooper and Tom Johnstone |
All contractors to the Victorian government should be aware that regardless of the terms of its contract, they could now be compelled to provide information or give evidence to the Auditor-General’s Office. [read more]
September 12, 2016 2:35 PM | Posted by Petrina Macpherson and Sarah Cahill |
Certifiers must ensure that residential building work certified as compliant pursuant to the Building Code of Australia is actually compliant, otherwise they may find themselves liable for the cost of defect rectification. [read more]
August 24, 2016 12:02 PM | Posted by Petrina Macpherson and Sarah Cahill |
The Supreme Court of Queensland rejected an application for indemnity costs in circumstances where three offers had been made, because the offers were reasonably and prudently rejected.  [read more]
June 23, 2016 10:26 AM | Posted by Justin Sadikoen |
The court will impose a high threshold on an applicant for summary judgment in debt proceedings resulting from a failure to pay on a payment claim under security of payment legislation. [read more]
June 22, 2016 2:34 PM | Posted by Amy Dunphy and Anne Crittall |
A practical insight into the difficulty of recovering property registered under the Personal Properties Securities Act 2009 (Cth). [read more]
November 6, 2015 11:36 AM | Posted by Simon Moses |
A party can only abandon its initial position and adopt the opposite stance in later proceedings provided that, in doing so, they can show that they have not acted in bad faith, acquiesced or caused delay. [read more]
November 4, 2015 2:46 PM | Posted by Simon Moses |
The existence of a reference date to support a payment claim is not a jurisdictional fact capable of appeal as it is not an essential pre-condition for the making of a valid payment claim. [read more]
August 28, 2015 10:39 AM | Posted by Soo-Kheng Chia |
Download this edition of Construction Law Update for developments in New South Wales, Queensland and Victoria. [read more]
August 19, 2015 9:43 AM | Posted by Michael Creedon and Vanessa Stokell |
Read our analysis of the Qld Supreme Court decision in Prentice & Carmody as trustees for the Carmprent Unit Trust & Anor v AGL Sales Pty Ltd & Ors [2015] QSC 154. [read more]
July 14, 2015 11:12 AM | Posted by Michael Creedon and Vanessa Stokell |
Read our analysis of the Qld Supreme Court decision in Nalos Pty Ltd & Anor v Robert Bird Group Pty Ltd & Ors [2015] QSC 174 [read more]