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An Update on Insolvency in the Australian Construction Industry

Australia - August 23 2022 The construction sector in Australia has long been affected by insolvency and broader liquidity issues. In the last year, construction companies…

John Cooper, James Ebert, Kenneth P Hickman, Katie Higgins, Daniel P. Moloney

Bank Guarantees in Australia: As Good as Cash?

Australia - July 26 2022 The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in…

John Cooper, Steven W. Fleming, Kenneth P Hickman, Michael G. Lundberg, Katie E. Mead

ACCC Warns Against Bid Rigging in Public Tenders

Australia - November 30 2021 The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement…

Matthew Bull, John Cooper, James Ebert, Steven W. Fleming, Kenneth P Hickman

The Full Court of the Federal Court of Australia Affirms the Paramountcy of the Parties' Agreement in International Arbitration

Australia - July 2 2021 On 25 June 2021, the Full Court of the Federal Court in Hub St Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 116 (Hub v Energy…

Michelle Bradfield, Annie E Leeks, Tim L'Estrange, Leah Ratcliff

"Last Refuge of the Desperate"—Western Australia Supreme Court Rebuts Procedural Fairness Challenge to Arbitrator's Award

Australia - May 21 2021 In line with other UNCITRAL Model Law jurisdictions, in Australia, the grounds on which to challenge the outcome of a commercial arbitration are…

James Ebert, Kenneth P Hickman, Annie E Leeks, Zachary Sharpe