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Clayton Utz | Australia | 20 Sep 2023
"Conditional" certificate of practical completion not valid resulting in large liability for liquidated damages
The New South Wales Supreme Court has provided a salient reminder that superintendents (and parties) must understand the requirements of the terms of…
Clayton Utz | Australia | 20 Sep 2023
Security of payment wrap-up
In Civil & Civic Corporation Pty Ltd v Nova Builders Pty Ltd [2023] ACTCA 30, the ACT Supreme Court confirmed that a payment claim which: Includes…
Chamberlains Law Firm | Australia | 19 Sep 2023
Where A Fair But Not Perfect Trial Possible - Permanent Stay Application Rejected
The NSW Supreme Court has refused a permanent stay application in the recent matter of MTH v State of New Sou…
Johnson Winter Slattery | Australia | 11 Sep 2023
Deeds of cross guarantee - be aware of the ongoing obligations
As many companies are required to lodge annual financial statements this month, we hope this note serves as a timely reminder to ensure that your…
K&L Gates LLP | Australia | 6 Sep 2023
"You Promised Not to Say That!"─Non-Disparagement Clauses in Settlement Agreements
When a dispute of any kind is resolved, a "non-disparagement" clause is often included in the settlement agreement to prevent parties from adversely…
Clayton Utz | Australia | 31 Aug 2023
"You can't say that!" Testing the boundaries of non-disparagement clauses
The enforceability of non-disparagement clauses invariably depends on their construction, practical effect, the alleged breach, and the legitimate…
Buchanan Rees Dispute Lawyers | Australia | 30 Aug 2023
The Harman Obligation - Tread Very Carefully!
The recent decision of the NSW Supreme Court in NSW Mobile Fleet Services Pty Limited v Max Mobile & Detailing Pty Limited [2023] NSWSC 140 is a good…
Colin Biggers & Paisley Lawyers | Australia | 27 Aug 2023
Permanent stay of proceedings granted in NSW historic abuse claim
The NSW Supreme Court has granted a permanent stay of proceedings in CM v Trustees of the Roman Catholic Church for the Diocese of Armidale; EM v…
Gadens | Australia | 23 Aug 2023
When claiming statutory debts under the Security of Payment Act may not be a slam dunk
It is well established policy now enshrined under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) that for the…
Gilbert + Tobin | Australia | 17 Aug 2023
Final report on inquiry into corporate insolvency in Australia - Highlights and what’s next
On 28 September 2022, the Federal Government, through the Parliamentary Joint Committee on Corporations and Financial Services (the Committee)…
