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Results: 1-10 of 44

No referral to arbitration unless an action is subject to an arbitration agreement
  • Minter Ellison
  • Australia
  • August 4 2015

The court will not refer a dispute to arbitration unless the action is subject to an arbitration agreement. Care must be taken when drafting dispute


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


Have you really settled? The enforceability of handshake settlement agreements
  • Minter Ellison
  • Australia
  • June 23 2015

The Victorian Supreme Court considered, in Rilgar Nominees Pty Ltd v BHA Holdings Pty Ltd 2014 VSC 632, the effect of a 'handshake' settlement


Cavasinni Constructions Pty Ltd v New South Wales Land and Housing Corporation 2014 NSWSC 1678
  • Minter Ellison
  • Australia
  • February 20 2015

Home Building Act 1989 (NSW) section 7C contracts requiring disputes under contract to be referred to arbitration whether whole or part of agreed


Don’t be a SOP abuser get your evidence right the first time
  • Minter Ellison
  • Australia
  • November 12 2014

In its decision of Ku-Ring-Gai Council v Ichor Constructions, the Supreme Court of NSW restrained a claimant from making a second adjudication


Civil Mining & Construction Pty Ltd v Isaac Regional Council 2014 QSC 231
  • Minter Ellison
  • Australia
  • November 3 2014

This case turned on its facts. It discusses the circumstances in which a payment claim or adjudication application may be an abuse of process. Civil


Seabreeze Manly v Toposu 2014 NSWSC 1097
  • Minter Ellison
  • Australia
  • November 3 2014

An arrangement under which one party undertakes to carry out construction work for another party is a 'construction contract' for the purposes of the


Alliance Contracting Pty Ltd and Tenix SDR Pty Ltd 2014 WASAT 36
  • Minter Ellison
  • Australia
  • November 3 2014

An adjudicator to a payment dispute can only determine whether a party is liable to make a payment or return of security which falls within the


Caltex Refineries (Qld) Pty Ltd & Anor v Allstate Access (Australia) Pty Ltd & Ors 2014 QSC 223
  • Minter Ellison
  • Australia
  • November 3 2014

This case is an example of a denial of natural justice by the adjudicator who made his decision based on reasons not advanced by either party. It


McNab Developments (Qld) Pty Ltd v MAK Construction Services Pty Ltd & Ors 2014 QCA 232
  • Minter Ellison
  • Australia
  • November 3 2014

This case is significant because it canvasses the question of whether an error of law by an adjudicator will only invalidate their decision if there