David J McAndrew
The Commercial Bar Association of Victoria
Articles
The limitation period under s 14(4)(b) of the Security of Payment Act
Australia - March 3 2020 In Levi Pty Ltd v Z&H Building Developments Pty Ltd [2019] VSC 633, the subcontractor made a payment claim under the Building and Construction…
Interlocutory or final relief? The interpretation of recource provisions in injunction proceedings
Australia - March 3 2020 The Court of Appeal has found that a judge’s exercise of the discretion to construe a recourse provision on an ‘as if final’ basis on an application…
Premature Statutory Payment Claims
Australia - March 3 2020 In MKA Bowen Investments Pty Ltd v Carelli Constructions Pty Ltd [2019] VSC 436, the Supreme Court of Victoria held that payment claims under the…
Contractual time bars and claims for damages for misleading or deceptive conduct under s 236 of the ACL
Australia - May 31 2018 A contractual provision which had the effect of excluding liability for damages for misleading or deceptive conduct under s 236 of the Australian…
Premature payment claims under the Building & Construction Industry Security of Payment Act
Australia - December 1 2017 Victorian authorities establish that a premature payment claim under the Building and Construction Industry Security of Payment Act 2002 (Vic) (the…
