Legal News
Adjudication in Malaysia
14 May 2012
Word from Malaysia is that their new Construction Industry Payment and Adjudication Act 2011 is shortly to become law. The form of the proposed legislation is available at http://www.cidb.gov.my/v6/files/ann/CIPAABill_English1.pdf. It is very much at the evaluative end of the spectrum, thus not at all following Singapore, which followed the default approach of the Australian East Continue Reading »
Professional Body ANAs in South Australia
1 May 2012
The first professional body authorised to nominate Adjudicators has been announced; the Institute of Arbitrators & Mediators Australia (IAMA) has now been authorised as an ANA under the Building and Construction Industry Security of Payment Act 2009 (SA), which came into force in December 2011. The IAMA panel of Adjudicators includes Fenwick Elliott & Grace Continue Reading »
Security of Payments: Complying with the Changes
20 April 2012
Robert Fenwick Elliott will be presenting a paper at this Legalwise seminar Building and Construction Law 126S05 Date: Wednesday, 6 June 2012 Time: 9.00am to 1.15pm Venue: InterContinental Adelaide, North Terrace, Adelaide Details are at http://www.legalwiseseminars.com.au/sa-building-construction-law
SoCLA Autumn 2012 Newsletter
20 April 2012
The Society of Construction Law Australia Autumn 2012 newsletter is now available. The Newsletter includes (or will soon include) details of the survey on construction adjudication. All those who have been involved in security of payment adjudications around Australia, whether as claimant or respondent, are encouraged to fill one in – it will only take Continue Reading »
Society of Construction Law – Security of Payment Survey
16 April 2012
The Australian Legislation Reform Subcommittee of SoCLA, now under the chairmanship of Robert Fenwick Elliott, is seeking to gather as much data as possible on how the various models for construction adjudication around Australia are working. If anyone has been involved in an adjudication – in any State or Territory, either as claimant or respondent, Continue Reading »
Robert Fenwick Elliott NT Adjudication decision
17 February 2012
In the Northern Territory, determinations by adjudicators are published, but with the names of the parties removed. For a recent decision by Robert Fenwick Elliott as adjudicator, see http://www.nt.gov.au/justice/policycoord/documents/construction/27_12_01.doc.
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 – Parts 1 to 3 now online
6 December 2011
Parts 1 to 3 of our new video series on the practicalities of the Building and Construction Industry Security of Payment Act 2009 (SA) are now online.
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.