JURISDICTION: SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT: THE COURT OF APPEAL (WA) CITATION: DURO FELGUERA AUSTRALIA PTY LTD -v- TRANS GLOBAL PROJECTS PTY LTD (IN LIQUIDATION) [2018] WASCA 174 CORAM: BUSS P, MURPHY JA and MITCHELL JA HEARD: 20 JULY 2018 DELIVERED: 11 OCTOBER 2018 FILE NO/S: CACV 49 of 2018 BETWEEN: DURO FELGUERA AUSTRALIA PTY LTD ACN 164 […]
FEDERAL COURT OF AUSTRALIA Hancock Prospecting Pty Ltd v Rinehart (No 2) [2017] FCAFC 208 Appeal from: Rinehart v Rinehart (No 3) [2016] FCA 539 File numbers: NSD 916 of 2016 NSD 922 of 2016 Judges: ALLSOP CJ BESANKO O’CALLAGHAN JJ Date of judgment: 15 December 2017 Catchwords: ARBITRATION – stay of proceeding brought in Court in favour of arbitration […]
Abstract The use of a Geotechnical Baseline Report (GBR) in the construction contract provides the parties to the contract with a mutual understanding of the subsurface site conditions (the baseline). The actual conditions encountered are measured against this baseline. If the contractor comes across a more adverse condition than that of the baseline, then the […]
Abstract The Australian construction industry is suffering from low and declining profits; caused in large part by the misallocation of risk and a misunderstanding of the forces driving further efficiencies and productivity. Whilst the minor ‘pain’ of low profits is borne primarily by the contractors, many clients are finding it impossible to escape the consequences […]
Abstract Delays are a common part of any contract, some are caused by the contractor, some by the principal and some by neutral external influences (eg the weather). Contracts apportion the risk and consequences of delays in various ways, but generally, the law requires each party to a contract to be responsible for its own […]
Abstract The Building and Construction Industry, Security of Payment Acts (the Acts) now in force in most Australian States are causing a radical re-think of many traditional project management and contract management processes. The Acts apply to every business involved in Building and Construction including contractors, subcontractors, clients, suppliers and professional firms. However, the consequences […]
Abstract The Security of Payment Acts have been the subject of numerous judgements that are beginning to clarify and define the meaning of many key clauses and identify exactly what is required of a party to successfully make or defend a claim under the Act. Some of the key judgements and their primary effect are […]
Abstract The Security of Payment Acts have been the subject of numerous judgements that are beginning to clarify and define the meaning of many key clauses and identify exactly what is required of a party to successfully make or defend a claim under the Act. This presentation canvasses the current state of the law and […]
Abstract A defective work claims is the most common claim made by building owners against their building or construction contractor. The cost and consequences associated with resolving a defective work claim can be minimised if the contract is prepared for each individual project setting out effective and feasible methods of risk allocation together with clear […]
Pay Now, Argue Later – QMBA Breakfast Presentation, 12th July 2005 The effect of the new Security of Payment Act on the Queensland construction industry. Download – Pay Now, Argue Later
