Publications Search

 
 


Dispute Resolution & Litigation

RSS Feed

Landlords and tenants getting hot under the collar over air conditioning - May 2019

Tenants of commercial premises in Australia rely heavily upon the use of air conditioners to ensure their comfort, health and safety whilst at  work. In a previous decision, the Victorian Civil and Administrative Tribunal found that a landlord’s failure to repair an air conditioning unit amounted to a repudiation of a lease by the landlord thus allowing the tenant to terminate the lease.  This decision has now been reversed by the Supreme Court of Victoria.  

Judd Last, Partner considers the decision of Pepper Property Group Pty Ltd v S 3 Sth Melb Pty Ltd [2019] VSC 41.

‘’Near enough notice is not good enough notice” – requirements for strict compliance with contractual notice provisions only get stricter. - May 2019

We recently considered the decision in Santos Limited v BNP Paribas [2019] QCA 11, that a failure to include the words of a particular form rendered a call on a bank guarantee invalid. At the time, we suggested that “parties would be wise to consider the risk that such a principle may be extended to documents to which they are a party”.  In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd, the Supreme Court of Victoria has now held in a similar way, relating to notice provisions in a Call Option Deed.

Ted Williams, Partner and Gemma Twemlow, Senior Associate consider the decision.  

Litigation Funding 2019 – a global comparative guide - Apr 2019

Senior litigation partners Gordon Grieve, Simon Morris and Greg Whyte have for a third year contributed the Australian chapter of Litigation Funding 2019, published by Getting the Deal Through. The publication compares the legal and practical issues relating to third-party litigation around the world.

gtdt

New protections when buying residential property off the plan - Mar 2019

The Conveyancing Legislation Amendment Act 2018 (NSW) (Amending Act) is set to better regulate sales of off the plan residential property in New South Wales. In particular, the Amending Act will:

  • improve the level of disclosure that vendors must make to purchasers; and
  • make it easier for purchasers to rescind contracts for sale. 

Partner, Timothy Coleman, and Lawyer, Brianna Smith consider what these changes will mean for both vendors and purchasers.

$55M demand scuppered in battle of form over substance. (Very) strict compliance is required when it comes to calls on performance security. - Feb 2019

In the recent decision of Santos Limited v BNP Paribas [2019] QCA 11, the Queensland Court of Appeal upheld a decision that a failure to include the words “authorised signatory of Santos Limited” meant that a demand made upon a bank guarantee was invalid.  Given the principle of ‘’strict compliance’’, the employee’s signature and position description did not amount to a representation that he was an authorised representative of Santos Limited.  Ted Williams, Partner and Gemma Twemlow, Senior Associate, discuss what the decision means for parties when notices under contracts.    

Groundhog Day: When will the court remit an adjudication application? - Feb 2019

So, you have successfully argued that an adjudicator acting under Security of Payment legislation failed to undertake the task required and, therefore, their determination has been quashed. But now what? Is the adjudication determination at an end or will it be remitted back to the adjudicator so they can correct errors in it and issue a determination?

Partner, Tim Coleman and Law Graduate, Emer Sheridan, discuss the circumstances in which a quashed adjudication determination will, or will not, be handed back to an adjudicator.

Quality Control: Adjudicators must provide adequate reasons - Feb 2019

The Nuance Group (Australia) Pty Limited v SHAPE Australia Pty Limited [2018] VSC 362 re-affirms that an adjudication determination will be quashed if the adjudicator fails to provide adequate reasons for their determination.

Partner, Tim Coleman and Law Graduate, Emer Sheridan, review the decision and discuss the circumstances in which a determination can be overturned.

Use it or lose it: Claimants must respond quickly if liquidated damages are levied against them - Feb 2019

The Victorian Building and Construction Industry Security of Payment Act 2002 (the Act) contains a unique regime whereby ‘excluded amounts’ cannot be taken into account when calculating the amount of a progress payment which a person is entitled to under a construction contract. This regime was introduced to facilitate the fundamental purpose of the Act – keeping money flowing through construction projects by dealing with complex disputes at a later date. In Seabay Properties Pty Ltd v Galvin Construction Pty Ltd [2011] VSC 183 the court found that liquidated damages levied by a principal in a payment schedule were an excluded amount. Seven years later, the decision has been considered and further clarified in Shape Australia v The Nuance Group [2018] VSC 808. Partner, Tim Coleman and Law Graduate, Emer Sheridan analyse the implications of these decisions for both claimants and respondents.

The Global Damages Review - Edition 1 - AUSTRALIA - Jan 2019

Partner, Simon Morris and Law Graduate, Amir Chowdhury co-authored the Australian chapter of The Law Reviews' - 'Global Damages Review, Edition 1'.  

The chapter provides an overview on the current state of law in Australian jurisdictions, noteworthy recent decisions and trends with respect to damages claimed in civil litigation.

 

Fast tracking evidence for foreign proceedings - Dec 2018

Obtaining evidence from persons residing in Australia for use in foreign proceedings can be complicated and time consuming. McKenzie Moore, Special Counsel and Natalie Miller, Lawyer, share their experience of using unconventional channels to fast-track the process.

Found 58 Results, displaying 1 to 10
< Previous 1 2 3 4 5 6 Next >