His Honour Martin J also stated it was arguable the enforcement of the award could be refused under s 36 of the Commercial Arbitration Act 2013 (Qld) due to the public policy factors that it could result in double recovery & infringe WA's parliamentary privilege | #auslaw
The Supreme Court of Queensland has overturned an order for enforcement of two arbitral awards under the Commercial Arbitration Act 2013 (Qld) on the basis that the application should not have been made on an ex parte basis | #arbitration#auslaw https://t.co/WPADVdcmCH
My key takeaways include: before briefing an expert or appointing arbitrators gain insight into your experts past experience with those arbitrators & the aim of cross examination is to chip away at the other parties case and to take the tribunal to the key documents for your case
Yesterday as part of Australian #Arbitration Week 2019 I attended the @YoungICCA / ACICA 45 workshop on “Building your Case in International Abritration: Lay and Expert Evidence” | @CorrsProjects
In its decision to allow the appeal, the HCA held that
for uncompleted stages of the contract (not variations) the builder could claim
either damages in breach of contract or restitution for work and labour at a
fair value in accordance with the contract price #constructionlaw
The HCA today delivered its judgment in Mann v Paterson Construction and unanimously allowed the appeal from the Court of Appeal to the Supreme Court of Victoria. A copy of the decision can be found at the following link:
https://t.co/E6WVRyyxuk
The Western Australian government has announced it will introduce legislation next week to establish Infrastructure WA, a proposed statutory authority, whose role will include assessing and reporting on major #infrastructure proposals before investment https://t.co/gbJTpGevEx
Recent Queensland Supreme Court decision found an adjudicator is not precluded from considering a properly made submission that the respondents liability to the applicant was already discharged under another Act | [2018] QSC 271 | #ConstructionLaw https://t.co/8601CbuZQr
The new #SecurityofPayment and Subcontractor Charge's Act commence today in Queensland under the BIF Act and the amendments to the QBCC Act contained within the BIF Act has been proclaimed to commence on 1 January 2019 |
https://t.co/Mnd3rydYbu
Interested in the latest developments for the construction industry? The latest Corrs Projects Update discusses the recent legislative and case law updates for quantum meruit & #SecurityOfPayment, amongst other topics | @CorrsProjects
The latest Corrs Projects Update considers the major judicial and legislative developments affecting the Australian & PNG construction and #infrastructure industry | #ConstructionLaw@Corrslawyers https://t.co/9XV5KUlsg4
The Fiocco Report has not adopted the Murray Report’s recommendation for a separate adjudication review process as it takes the adjudication schedule away from its original intent of ‘pay now, argue later' #auslaw#SecurityofPayment | https://t.co/xD1y0GwhAZ
The Fiocco Report has recommended that a claimant should have the right to suspend works where the respondent fails to either serve a payment schedule, pay a schedule amount on the due date, or fails to pay an adjudicated amount #auslaw#SecurityofPayment |https://t.co/xD1y0GwhAZ
New South Wales and Queensland have also passed some amendments to their legislation recently incorporating some recommendations proposed by the Murray Report |#SecurityofPayment
The Western Australian #SecurityofPayment report released yesterday provides the first detailed insight into how States may incorporate the Murray Report recommendations, if at all, and whether we will achieve Mr Murray’s aim for uniform legislations across Australia
The Fiocco Report has been released to improve #SecurityofPayment in WA. It adopts the Murray Report’s recommendation - there should be a civil penalty to govern acts of intimidation and retribution to deter a party from accessing remedies under the Act | https://t.co/xD1y0GwhAZ
My key takeaway from @SCLAust event on #Expert Determination’s last night: If it is available under the Contract you should only refer certain factual matters to this forum and refer other complex legal disputes to #arbitration or litigation | @CorrsConstruct
NSW's amendments to its #SecurityofPayment legislation was passed yesterday & is awaiting assent - a key amendment is that a terminated party can serve a payment on and from the date of termination, closing a loophole identified by HCA in [2016] HCA 52 | https://t.co/otmHxT5gjx
A recent VSCA decision found non-compliance with time limit for an #adjudication didn't invalidate an adjudication decision as it'd be inconsistent both with express provisions of #SecurityofPayment Act and the objects of the statutory scheme as a whole | https://t.co/116T2mmQ57
@SCLAust extends a big thank you to @CassiaStorey who has been assisting with this account for the last few months. We are very fortunate to have such dedicated and passionate volunteers that make our initiatives possible!