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A high burden to displace an adjudicator’s decision

  • Norton Rose Fulbright LLP
  • -
  • 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

Will proportionate liability legislation apply to arbitrations?

  • Norton Rose Fulbright Australia
  • -
  • Australia
  • -
  • January 31 2013

Will proportionate liability legislation apply to arbitrations? Not in Western Australia and probably not in any other jurisdiction in Australia

A new option to challenge an adjudicator’s decision made under the security of payment act is confirmed

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • November 3 2010

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

Recent court decisions signal a dramatic impact on the building and construction industry across Australia

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • August 17 2009

Several recent Court decisions in New South Wales will have far-reaching consequences for the 'security of payment' legislation in existence around Australia

Agreements to refer disputes to mediation or expert determination: anything more than bare bones required?

  • Norton Rose Fulbright LLP
  • -
  • Australia
  • -
  • July 21 2010

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