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The New South Wales Court of Appeal in Chase Oyster Bar v. Hamo Industries (Chase) has handed down an important decision about the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoPA
It is not unusual to see in construction contracts a short-form clause referring particular disputes to mediation or expert determination without the particular rules or procedures for the mediation or expert determination being specified
Several recent Court decisions in New South Wales will have far-reaching consequences for the 'security of payment' legislation in existence around Australia
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
