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51 results found

Article

Clayton Utz | Australia | 30 May 2019

Can a subcontractor claim in unjust enrichment against the principal?

In A&A Martins Pty Limited v Liu 2019 ACTCA 8, the ACT Court of Appeal rejected a subcontractor's claim against a principal for unjust enrichment

Article

Clayton Utz | Australia | 22 Nov 2018

Major projects & construction 5 Minute Fix 24

Disclaimer Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice

Article

Clayton Utz | Australia | 7 Dec 2017

Get ready for the new NSW Strata Defects Regime

The new Strata Defects Regime will have short- and long-term effects on developers, and they should be getting ready now. New South Wales' new Strata

Article

Clayton Utz | Australia | 11 May 2017

The right to call an unconditional bank guarantee - do you say it best when you say nothin' at all?

The conventional view in Australia is that an unconditional bank guarantee provided to secure performance of a contract operates autonomously...

Article

Clayton Utz | Australia | 8 Dec 2016

The national SOP scheme: time to act

Last week the Federal Government agreed with independent Senators to implement a national security of payment (SOP) scheme as part of a package

Article

Clayton Utz | Australia | 4 Feb 2016

Security of Payment reform returns to the agenda

Potential changes to NSW security of payment laws are wide-ranging, and could affect payment claims, exemptions, offsets and adjudications. Industry

Article

Clayton Utz | Australia | 19 Mar 2015

Retention money trust accounts to increase burden of subcontract administration

Head contractors must soon establish trust accounts to hold retention money under subcontracts for certain projects as a result of new regulations

Article

Clayton Utz | Australia | 5 Mar 2015

My claim is bigger than yours: set-off against insolvent claimants under Security of Payment Act

Usually a principal is not entitled to rely on a set-off or counterclaim to resist court proceedings to recover a debt under the Building and

Article

Clayton Utz | Australia | 16 Aug 2012

No licence, no payment, Queensland Supreme Court warns contractors who do unlicensed building work

Contractors or subcontractors need to carefully consider whether they in fact hold the licences that permit them to carry out the works they will be required to perform.

Article

Clayton Utz | Australia | 23 May 2011

Who owns this IP? Independent contractors vs employees in IP ownership disputes

Generally in the workplace context, any intellectual property (IP) created by an employee in the course of their employment is, in the normal course, owned by the employer.

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