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Security of Payment Roundup A comprehensive review of cases in 2016

Australia - February 13 2017 There was great excitement (well at least among the construction legal fraternity) this year as the High Court got its first taste of security of...

Richard Crawford, James Kearney, Geoff Shaw, Kip Fitzsimon, Pamela Jack, Jennifer McVeigh, Mike Hales, Cameron Ross, Michael Creedon, David Pearce.


The High Court of Australia will consider Security of Payment legislation for the first time

Australia - August 8 2016 On 28 July 2016 the High Court of Australia granted special leave for the applicant in Southern Han Breakfast Point Pty Ltd v Lewence Construction...

Tom Kearney.


High Court of Australia confirms fee provisions are penalties only if the fees are out of all proportion with the party's interests

Australia - July 28 2016 On Wednesday the High Court of Australia handed down its decision in Paciocco v Australia and New Zealand Banking Group Limited 2016 HCA 28 in...


Supreme Court of New South Wales confirms availability of error of law on the face of the record to quash adjudication determinations

Australia - June 17 2016 On Wednesday the Supreme Court of New South Wales handed down its decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd 2016...


Court of Appeal confirms need for an arbitration or expert determination agreement to exclude disputed variation claims under the Victorian Security of Payment Act

Australia - May 27 2016 In November last year, the Victorian Supreme Court handed down a judgment which held that mediation was not 'a method for resolving disputes' for the...