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Results: 1-10 of 345

It contracting issues: formation of contracts and 'subject to execution'
  • Minter Ellison
  • Australia
  • July 22 2015

It is not uncommon for parties to contract negotiations to agree to many of the terms while using the phrase 'subject to the execution of the


CFMEU seeks special leave from the High Court to overturn significant adverse action ruling on shift changes
  • Minter Ellison
  • Australia
  • July 21 2015

The CFMEU has filed an application for special leave to the High Court, seeking to overturn a Full Court Federal Court ruling that Endeavour Coal had


You win some, you lose some - QCAT cannot award costs to an entity that successfully resists a joinder application
  • Minter Ellison
  • Australia
  • July 15 2015

This case deals with the power of the Queensland Civil and Administrative Tribunal (QCAT) to award costs to an entity that successfully resists a


Court refuses leave to amend as acceding would border on a fiction that witnesses would be able to properly recall what was considered and acted on 10 years ago
  • Minter Ellison
  • Australia
  • July 14 2015

This case considers whether it is appropriate to give leave to amend to agitate new causes of action against a builder and engineer arising out of


The court can make a declaration of partial invalidity of an adjudicator's determination whether the determination was made before or after 15 December 2014
  • Minter Ellison
  • Australia
  • July 13 2015

A declaration of partial invalidity can be made in respect of an adjudication decision if the proceedings to challenge the decision were brought


Seeking indemnity costs? A successful example in the Federal Circuit court of Australia
  • Minter Ellison
  • Australia
  • July 3 2015

This decision of the Federal Circuit Court of Australia provides an example of the circumstances in which a court is willing to make an award of


The Supreme Court has jurisdiction to review Victorian security of payment adjudications
  • Minter Ellison
  • Australia
  • July 1 2015

Section 28R(5)(a)(iii) of the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOP Act) (Relevant Section) is a privative


Temporary works not caught by the Queensland Building and Construction Commission Act 1991 (Qld)
  • Minter Ellison
  • Australia
  • June 25 2015

To determine whether a contract is caught under the Queensland Building and Construction Commission Act 1991(Qld) (QBCC Act), it is necessary to


New penalties imposed by the QBCC Act
  • Minter Ellison
  • Australia
  • June 24 2015

The Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2015(Qld) expands the penalty provisions


Will courts grant applications that interfere with the statutory timetable in the NSW SoP regime for the determination of adjudication applications?
  • Minter Ellison
  • Australia
  • June 24 2015

The recent case of The New South Wales Netball Association Ltd v Probuild Constructions (Aust) Pty Ltd 2015 NSWSC 408 demonstrates that the courts