Legal News
Workers Lien Maintained
6 January 2012
The South Australian District Court has refused to strike out a lien registered under the Workers Liens Act 1893 (SA) in the case of Ian Wood Homes v Langsforde. In his reasons for his decision, Master Norman noted that the application was brought following a termination of the contracts as a result of repudiatory breach Continue Reading »
New Commercial Arbitration Act comes into effect in the New Year
23 December 2011
The commencement date for the Commercial Arbitration Act 2011 (SA) has now been gazetted – it will come into effect on 1st January 2012, such that it will catch arbitrations commenced from that date (section 8). This Act follows the recent harmonisation initiative around all the states of Australia. In short, this new Act brings Continue Reading »
Cardinal v Hanave – a split decision from the NSW Court of Appeal
23 December 2011
The NSW Court of Appeal has delivered judgment (16th December 2011) in this case. The first adjudication was by Philip Davenport. As with several others of his decisions in other cases, this one was declared void and of no effect in August 2010. The claimant then sough to excercise his right to make a new Continue Reading »
Birdon v Houben Marine
[2011] FCA 1313 – 9 December 2011
Birdon Pty Ltd v Houben Marine Pty Ltd (No 2) [2011] FCA 1313 The avenues available for a party who wishes to stop or quash a adjudication continue to expand. In this case, the Federal Court granted an injunction under s 234 of the Australian Consumer Law restraining an adjudication before Philip Davenport on Continue Reading »
Hansen Yunken v Ericson
9 December 2011
Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor [2011] QSC 327 A permanent injunction was granted restraining the enforcement of the decision of Philip Davenport as adjudicator on the ground that the payment claim was tainted by fraud in the sense of deliberate exaggeration. But the court dis require Continue Reading »
Two Strikes and you’re Out?
9 December 2011
When the South Australian government held a briefing for stakeholders on the new Security of Payment regime, it announced a welcome Red card/Yellow card system. Adjudicators who have been found to have been wanting in good faith at least twice were to be disqualified, (red card) and adjudicators found wanting in other less serious respects Continue Reading »
SA Security of Payment Regulations now out
9 December 2011
The Building and Construction Industry Security of Payment Regulations 2011 SA have now been made. As at the date of this post, they are not yet available on AUSTLII, but are set out below. No surprises; the Regulations are extremely sparse. 1 December 2011 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE 4785 South Australia Building and Continue Reading »
Security of Payment Act video series – Part 1 now online
15 November 2011
Part 1 of our new video series on the practicalities of the Building and Construction Industry Security of Payment Act 2009 (SA) is now online.
Complexity in Adjudications
17 October 2011
In Western Australia, the Court of Appeal has held that review by the SAT is not available where an adjudicator proceeds nothwithstanding the complexity of the dispute, but prerogative writs are.
SoCLA recommends defect claims be excluded from proportionate liability
7 October 2011
SoCLA has sent in its submissions on the proposed new model proportionate liability legislation. In short, the recommendation is that construction defect claims should be excluded from the scheme; see submission.
Delay can reduce a Quantum Meruit
4 October 2011
On an appeal the Supreme Court has overturned a statutory demand. An important part of the judgment confirms that delay can have the effect of reducing a quantum meruit.
A Price on Carbon – Consequences for the Construction Industry
1 October 2011
Society of Construction Law video linked seminar on carbon pricing. The seminar, entitled ‘A Price on Carbon – Consequences for the Construction Industry’, will take place on Wednesday 19 October 2011.
SA Attorney-General’s Department stakeholder briefing on 23 September
2 September 2011
The SA Attorney-General’s Department has now considered the submissions it has received on the proposed regulations and administrative arrangements for the Act, and will be briefing stakeholders on 23 September.
Opposition supports SA Security of Payment Bill
11 July 2011
This article contains an extract from the Hansard record of proceedings in the House of Assembly on 16 July 2009, showing that the Bill is continuing to make slow progress.
SoCLA video-linked event “Concurrency and Non-Critical Delay”
28 June 2011
The Society of Construction Law Australia interactive panel discussion was held on 27th June 2011 via video-link on “Concurrency and Non-Critical Delay”. This event wa broadcast in Australia and New Zealand simultaneously with the help of video conferencing.
SA adjudication legislation could be in effect by December 2011
15 June 2011
At long last, there has been some movement towards bringing the SA legislation into effect by December this year, following a meeting called by the Office of Consumer and Business Affairs.
Law Society President urges regulations to discourage commercial arrangements
20 May 2011
The President of the Law Society has written to the Minister for Consumer Affairs urging that regulations under the Act should discourage commercial arrangements, in particular citing the practice of some ANAs of chaging requiring adjudicators to pay 40% of their fee to the ANA.
Section 52 of the Trade Practices Act 1974 re-enacted
1 January 2011
Section 52 of the Trade Practices Act 1974 has been re-enacted as Section 18 of the Australian Consumer law, which appears as Schedule 2 to the Competition and Consumer Act 2010.
SoCLA podcast recorded at the recent SCL conference in Singapore
19 October 2010
The Society of Construction Law Australia has prepared its 2nd podcast presented by Robert Fenwick Elliott, containing interviews recorded at the recent SCL conference in Singapore on the implications of the recent decision on Chase Oyster Bar v Hamo Industries, and the new uniform Commercial Arbitration Act 2010.