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12 October, 2022

Arbitration is No Bar for Bank Guarantees

In Daewoo Shipbuilding & Marine Engineering Co Ltd v INPEX Operations Australia Ltd  NSWSC 1125, Daewoo sought to prevent INPEX from calling on a bank guarantee. The Supreme Court ruled against Daewoo. Under a construction contract, the Principal may be entitled to call on a bank guarantee, even while the…
9 September, 2022

Requirements for inter-state service of proceedings – they matter!

Most lawyers know that there are special rules governing service of proceedings outside of Australia, but there are also statutory provisions governing inter-State service of proceedings. These rules stem from our constitution and federal system of government. It is important to follow the requirements of these statutory provisions closely to…
23 August, 2022

Buildability Clauses and The End Of Construct-Only Contracts

A new trend has emerged in the drafting of construct-only construction contracts which places unexpected design risks on Contractors. Contractors should pay close attention to any clause containing the terms buildability or constructability, which may entail broad design obligations, even where the contract is otherwise a construct-only variety such as…
8 August, 2022

Key HR changes from 1 July 2022

The Vincent Young Employment + Workplace Relations team has updated its Employment + Workplace Relations Guide to reflect the changes for the 2022-2023 financial year. Download your copy today.   National Minimum Wage Each financial year, the Fair Work Commission’s (FWC) Expert Panel for wage reviews undertakes its annual wage…
25 July, 2022

Fitness for Purpose Warranties: Contractor Beware

Modern construction contracts increasingly blur the roles and responsibilities of the parties. Consistent with this pattern, ‘Fitness for Purpose’ (FFP) warranties may be used to place the design risk on the contractor (as opposed to the designer or professional engineer). Contractors should be aware of express and implied FFP warranties…
18 July, 2022

Defamation – what it takes

The elements required to prove defamation are difficult to satisfy before the Court. Each case should be assessed on its own merits, and the following key components must be proven on the balance of probabilities for a successful claim: Who can be defamed? A corporation has no cause of action…
8 July, 2022

NSW duties and penalty changes now in force

Is duty payable on a call option in NSW?  It is now. Introduction The State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 (NSW) (Bill) was introduced into NSW Parliament on 23 March 2022 and was assented to on 19 May 2022. The Bill is now referred to as State…
28 June, 2022

Electronic execution of documents by companies

The Corporations Amendment (Meetings and Documents) Bill 2021 (Cth) (Amendment Act) was given royal assent on 22 February 2022 and has now come into force. The Amendment Act has amended the Corporations Act 2001 (Cth) (Corporations Act) and builds on the temporary measures introduced last year by the Treasury Laws…