2024
Marquee, Megacrane, Total Construction, and Richard Crookes
Explore the key learning lessons from the judgements in Marquee, Megacrane, Total Construction, and Richard Crookes.
NSW: Proving Unconscionable Conduct
How to prove statutory unconscionable conduct under section 21 of Schedule 2 of the Australian Consumer Law.
Crisp Case Note: Ceerose Pty Ltd v A- Civil Aust Pty Ltd [2023] NSWCA 215
Examine the key findings of Ceerose Pty Ltd v A-Civil Aust Pty Ltd and the principle of jurisdictional error under section 32A of the Building and Construction Industry Security of Payment Act 1999 (NSW).
Can You Prevent a Contractor from their Common Law Entitlement?
Discussion of the English and Australian legal position on the issue of whether a contractor can be prevented from their Common Law entitlement to seek remedies
Unravelling Pafburn, Boulus, and Goodwin’s Insights on the Duty of Care
Delve into the respective decisions by Stevenson J in the Supreme Court and the Court of Appeal cases of Goodwin, Pafburn, and Boulus
2023
Introducing Crisp Law’s Soon-To-Be Graduates
Meet Diana and Shereen, Crisp Law’s newest clerks and soon-to-be graduates.
NSW: Is an Adjudication Decision Binding on a Subsequent Adjudication?
Discussion of the New South Wales’ position on the issue of whether an adjudication determination is ‘binding.’
The Harlech (ACT) Decision and Implications: are Adjudication Decisions Binding?
Delve into the ACT Court of Appeal’s decision in Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd [2022] ACTCA 42 and the binding effect of adjudication decisions under the SOP Act.
Crisp Case Note - Roberts v Goodwin
The key findings in Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5 and the implications it has on building and construction professionals.
A Postscript to our ‘Facts Win Matters’ Owners Corporation Cost Recovery
Acknowledgment of the principles underpinning an award of cost and why our recent cost application was successful.
Insuring Against Defects: Is Decennial Insurance Effective?
Discussion of the recent amendments to the Strata Schemes Management Act (section 211AA) and the proposed form of “decennial insurance”.
Workplace Death Leads to $2 Million Fine (Synergy Scaffolding)
Review of due diligence obligations upon Directors and Officers in light of the recent SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022] NSWDC 584 judgement.
Inherent Defects Insurance Policy – Jan 2023
Examine claims made regarding the supposed new insurance product against the policy wording.
2022
- A Critique of the RAB Act and HB Act
- Australian Standard for Structural Steel Work Construction Categories (CC1)-(CC4)
- Liquidated Damages
- Pay When Paid Provisions
- BIFOLA Act 2020 (Qld): Explained
- Changes to Duty of Care
- Working Together, Not Apart – The Future of Collaborative Contracting
- Why revisit the Tomkins Commercial & Industrial Builders Pty Ltd v Majella Towers judgement?
- Are Termination for Convenience Clauses Legal?
- Climate Change Litigation
- Implied Duty To Co-operate
- Heavy Vehicle National Act (CoR)
- WELL Building’s Rating System
2021
- History of Solastalgia
- Principles of Ecologically Sustainable Development
- Social Media and Defamation. An examination of the Voller decision
- Climate Change Statutory Duty
- Developers and the DBCA newsletter
- Electronic Execution of Documents
- Application of the Domestic Building Contracts Act newsletter
- Concept of Solastalgia
- DBPA 2020
- DBPA
- Industrial Manslaughter
- Solastalgia
- SOP Owner Occupier
- Update to NSW WHS Newsletter
- Meaning of an ‘Officer’ following ASIC v King
- Design Obligations of Contractors and Consultants