Adjudication News

Romeo v TQM Design and Construct Pty Limited [2013] NSWCA 72

30 April 2013

When parties to a construction contract fall into dispute, and settle those disputes by means of a deed of settlement, is that deed of settlement a construction contract which can found a payment claim under the Security of Payment legislation? In this case the settlement deed proved for an initial payment, and then payment of […]

Romaldi v AIL

30 April 2013

Update:  This decision was overturned on appeal to the Supreme Court.  See Adelaide Interior Linings Pty Ltd v Romaldi Constructions Pty Ltd [2013] SASC 110.  In a surprising decision, the South Australian District Court has given judgment in Romaldi v Adelaide Interior Linings [2013] SADC 39, granting an injunction restraining the enforcement of an adjudicator’s […]

Building Work Contractor’s Act 1995 – Magistrates Court Jurisdiction Threshold

27 November 2012

The Magistrates Court in South Australia has a special jurisdiction under the Building Work Contractor’s Act 1995 not only to order compensation against a builder, but also to require a defaulting builder under a Domestic Building Work Contract to perform remedial work. The conventional wisdom at common law is that injunctions are not granted requiring builders […]

First Tier Rating again from Doyle’s Guide

16 November 2012

Doyle’s Guide is the leading independent guide top law firm in Australia, and its new listings are out. Unlike some other legal guides, Doyle’s does not allow firms to buy entries, and is thus a rather more reliable guide to who is who in the legal world. Fenwick Elliott Grace is again named as one […]

Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd & Anor [2012] QCA 276

16 October 2012

The Court of Appeal in Queensland has dismissed an appeal against a first instance finding that the adjudicator did have jurisdiction to decide that work was “construction work” within the meaning of the legislation.

Grindley Constructions Pty Ltd v Painting Masters Pty Ltd [2012] NSWSC 234

4 June 2012

One of the several means available to challenge an adjudicator’s determination is to seek an injunction to restrain the claimant from filing an ANA’S certificate in any court. The test here is slightly different from one of the alternatives, such as seeking a declaration that the determination is void. To obtain an interim injunction, the plaintiff merely […]

New South Wales Land and Housing v Clarendon Homes [2012] NSWSC 333

4 June 2012

A decision of an adjudicator survived challenge on a number of grounds. Of particular interest is ground 2: the adjudicator awarded some 20% more than was being claimed.  However, McDougall J found that this error was not fatal because it was the sort of error that was amenable of correction under section 22(5) of the […]

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 partner […]

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 […]

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 […]

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 […]

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 […]

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 […]

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.

Independent Contractors Amendment Regulations 2010

22 July 2010

A potential impediment to the commencement of the South Austrlian Act has now been removed with the passing of the Independent Contractors Amendment Regulations 2010, which received the Royal Assent on 15th July 2010.

Adjudication Toolkit

18 February 2010

We have produced an adjudication toolkit for the Building and Construction Industry Security of Payment Act 2009 (SA) on a 2GB USB Flash drive. This contains all of the useful equipment, including an annotated copy of the Act, our flowchart and list of drop dead dates, and all of the legal authorities.

Western Australia 2008 Report – Construction Contracts Act WA

22 March 2009

The arbitrator & mediator, which is the journal of the Institute of Arbitrators and Mediators Australia, has published in Volume 27, No 2, page 33 the paper delivered at the 2008 IAMA conference of Peter Gow on the Construction Contracts Act in Western Australia.