We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.


Refine your search

Content type



145 results found


Clayton Utz | Australia | 21 Mar 2019

Major projects & construction 5 Minute Fix 29

Get your 5 Minute Fix of major projects and construction news. In this issue, the Building Ministers' Forum issues its roadmap for reform of the


Clayton Utz | Australia | 7 Feb 2019

Can two employers agree to not poach each other's employees?

Quantum v Schenker suggests that a contract which restrains two employers from poaching each other's employees will be upheld in some circumstances


Clayton Utz | Australia | 27 Sep 2018

Security of Payment round-up - Adjudicator's duties, good faith, defective works and invalid payment claims

In Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd 2018 NSWSC 1229, Justice McDougall considered an argument that an adjudicator either


Clayton Utz | Australia | 27 Sep 2018

Remedies for defective works and deceitful developers

In Carr v Miller 2018 NSWSC 1424, Justice McDougall delivered a detailed judgment outlining various instances of what was found to be deliberate


Clayton Utz | Australia | 16 Aug 2018

Battle of the forms: lump sum or cost plus construction contract?

A recent NSW Supreme Court decision has highlighted the need for contracting parties to be wary of how their objective intentions could be assessed


Clayton Utz | Australia | 19 Jul 2018

Do insolvent contractors have the benet of Security of Payment legislation? Watch this space

The NSW Court of Appeal has granted leave to appeal from a recent decision of the NSW Supreme Court in which the NSW Supreme Court found that


Clayton Utz | Australia | 12 Jul 2018

Case law round-up: special referee's reports in construction disputes

Judges in construction disputes are increasingly relying upon their ability to appoint a special referee; for example, in Brighton Australia Pty Ltd v


Clayton Utz | Australia | 10 May 2018

Whose fault is it anyway? Bettergrow v Transgrid and the problem of assigning liability when subcontractors are involved

A recent NSW Supreme Court case confirms that principal contractors do not owe a duty of care to the parties with whom their sub-contractors interact


Clayton Utz | Australia | 15 Mar 2018

Major projects and construction: 5 Minute Fix 06

Get your 5 Minute Fix of major projects and construction news. This issue: building industry fairness reforms, combustible cladding, security of


Clayton Utz | Australia | 15 Feb 2018

"Because the Court said so": the benefits of judicial advice

A trustee should always consider whether to seek judicial advice in order to reduce the risk of potential claims against it for breach of trust andor

Previous page 1 2 3 ...