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Results: 1-10 of 66

Conciliation at the centre of new changes to domestic building dispute resolution
  • Minter Ellison
  • Australia
  • May 17 2017

On 26 April 2017, Sections 3, 6 to 13, 14(2), 15 and 59 to 68 of the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) (Act) came


Tax and the new Federal Court practice notes
  • Minter Ellison
  • Australia
  • April 20 2017

With the recent introduction of the National Court Framework ('NCF'), Chief Justice Allsop has issued new Federal Court of Australia Practice Notes


Out of time application does not divest adjudicator of jurisdiction
  • Minter Ellison
  • Australia
  • July 29 2016

The Western Australian State Administrative Tribunal (SAT) has declined to review an adjudicator's determination made under section 31(2)(b) of the


A determination by an adjudicator that he has no jurisdiction is a 'determination' for which the adjudicator is entitled to his fees
  • Minter Ellison
  • Australia
  • July 13 2016

A determination by an adjudicator that he has no jurisdiction is a 'determination' for which the adjudicator is entitled to his fees. The commercial


Adjudicator's error - who bears the loss?
  • Minter Ellison
  • Australia
  • June 20 2016

This case highlights that where an error is made by an adjudicator, such that part of the adjudicator's decision is set aside, it does not follow that


Adjudicator's failure to provide reasons for decision amounts to jurisdictional error
  • Minter Ellison
  • Australia
  • June 20 2016

This case confirms that an adjudicator's failure to include adequate reasons for his or her decision will amount to jurisdictional error and that


Supreme Court of New South Wales confirms availability of error of law on the face of the record to quash adjudication determinations
  • Minter Ellison
  • Australia
  • June 17 2016

On Wednesday the Supreme Court of New South Wales handed down its decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd 2016


Court enforces contractual dispute resolution regime
  • Minter Ellison
  • Australia
  • June 15 2016

The applicant, Santos Limited (principal) and the respondent, Fluor Australia Pty Ltd (contractor) were parties to a contract relating to the GLNG


Punctuality is key: Adjudicators to engage with the issues within time
  • Minter Ellison
  • Australia
  • May 27 2016

The Supreme Court of Western Australia has confirmed that the time prescribed by section 31(2) of the Construction Contracts Act 2004 (WA) (Act) for


Court of Appeal confirms need for an arbitration or expert determination agreement to exclude disputed variation claims under the Victorian Security of Payment Act
  • Minter Ellison
  • Australia
  • May 27 2016

In November last year, the Victorian Supreme Court handed down a judgment which held that mediation was not 'a method for resolving disputes' for the