November 2023

Adjudication Building Construction Litigation

30 November, 2023

Procedural Fairness In Adjudication

Demex Pty Ltd v McNab Building Services Pty Ltd NSWCA 261 The recent NSW Court of Appeal decision in McNab Building Services Pty Ltd v Demex Pty Ltd NSWCA 261 considered an appeal of a NSW Supreme Court decision quashing an Adjudicator’s decision under the Building and Construction Industry Security…

Victoria Caldwell

Building Construction Development Guarantees

22 November, 2023

How to Prevent Bank Guarantees being Called Upon

Bank guarantees are a familiar presence in construction contracts. They are seen to be “as good as cash” and the holders of bank guarantees call on the guarantees when there is a dispute with a contractor or subcontractor providing the bank guarantee. Bank guarantees are often expressly stated to be…

Victoria Caldwell

Adjudication Building Construction Defects Security of Payments

22 November, 2023

Jurisdictional Errors of an Adjudicator

Miller v LMG Building Pty Ltd NSWSC 995 Introduction The case of Miller v LMG Building Pty Ltd NSWSC 995 is a reminder of the obligations of an adjudicator when making a determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act). Relevant facts On 30…

Victoria Caldwell

Building Construction Contracts Development Litigation Projects

10 November, 2023

Recourse To Security Based On A Bona Fide Claim

Total Construction Pty Ltd v Catholic Healthcare Limited NSWSC 585 It is common for bank guarantees (BGs) to be used as a form of security to secure the performance of a contractor’s obligation in a construction contract. A principal’s right to have recourse to the BGs is often governed by…

Victoria Caldwell

Commercial Insolvency

6 November, 2023

The PJC’s Corporate Insolvency Report

On 12 July 2023, the Parliamentary Joint Committee on Corporations and Financial Services (PJC) released a comprehensive report on corporate insolvency in Australia. This report made 28 recommendations focused on addressing various issues in the current Australian corporate insolvency space and raised some issues in the personal insolvency sector. The…

Mark Lucchitti

Procedural Fairness In Adjudication

How to Prevent Bank Guarantees being Called Upon

Jurisdictional Errors of an Adjudicator

Recourse To Security Based On A Bona Fide Claim

The PJC’s Corporate Insolvency Report

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