A high burden to displace an adjudicator’s decision *

Australia - October 9 2012
Section 46(3) of the Construction Contracts Act 2004 (WA) (CC Act) broadly provides that except by way of application to the State Administrative Tribunal, a decision or determination of an adjudicator cannot be appealed or reviewed.

Co-authors: Grace McGuinness.

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Disclosure novelties for insurers in WA courts *

Australia - September 11 2012
The rules governing civil procedure in the Western Australian Supreme and District Courts were recently amended by adopting a new Order 9A (Order 9A).

Co-authors: Riaan Piek.

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General: Section 54 strikes back…with a Western sting *

Australia - June 8 2012
On 21 February 2012, Corboy J of the Supreme Court of Western Australia found in favour of Highway Hauliers Pty Ltd (Highway Hauliers) ruling that section 54 of the Insurance Contracts Act 1984 (Cth) precluded its insurer from denying indemnity.

Co-authors: Katherine Czoch, Riaan Piek.

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Arbitrating against companies in administration *

Australia, United Kingdom - March 13 2012
On 5 October 2011, the NSW Supreme Court upheld an application pursuant to s 440D(1) of the Corporations Act 2001 (Cth) for leave to bring and continue proceedings against a defendant under voluntary administration.

Co-authors: Katherine Czoch, Riaan Piek.

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D&O: shareholder access to the ambit of cover *

Australia - March 13 2012
A recent decision of the Federal Court in London City Equities Limited v Penrice Soda Holdings Limited [2011] FCA 674 illustrates the trend set by the courts in recent years to exercise the discretion under s247A of the Corporations Act in favour of shareholder claimants.

Co-authors: Barry Richardson, Riaan Piek.

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