Newsletters

This Newsletter will outline the current scholarly understanding of concurrent delays, and will examine how it has been addressed to a certain extent in standard form contracts like the AS 2124-1992 and the GC-21 Contract. Additionally, it analyses how Australian courts have tackled the issue of concurrency by implementing the doctrine of causation and the prevention principle in its interpretation.

In this Newsletter, we explore the significant legal cases of Built, Civil Mining, C601, and CMA Assets, offering valuable insights into the assessment of delays and the application of retrospective and prospective analysis within construction projects.

In this Newsletter, we delve into a discussion of enterprise bargaining agreements (EBAs). It will focus on the operation of EBAs once and after they reach their nominal expiry date. As part of our discussion, we consider the roles of the CFMEU and the Fair Work Commission and how they relate to expired EBAs.

In this Newsletter, we explore indemnity clauses in depth. We’ll define their scope, examine their purpose and effect, discuss the benefits they offer, and explore how these contractual provisions are interpreted

In this Newsletter, we discuss the how to defend an indemnity claim brought against a party in a construction contract.

In this newsletter, Part 1 offers an overview of the ACT Property Developers Bill 2023 (‘the Bill’), outlining its key objectives. Additionally, the newsletter delves into the background and legislative history of the Act, explores key concepts, and examines a significant amendment: personal liability of directors.

In this Newsletter, we explore unconscionable conduct as defined by Common Law and section 20 of the Australian Consumer Law, focusing on its implications as an exception that may prevent a party from invoking a bank guarantee.

In this Newsletter, we delve into a discussion of enterprise bargaining agreements (EBAs). In particular, we will focus on the operation of EBAs once and after they reach their nominal expiry date. As part of our discussion, we consider the roles of the CFMEU and the Fair Work Commission and how they relate to expired EBAs.

This newsletter provides a succinct overview of the differing views regarding the degree of adoption of the implied duty of good faith.

In this Newsletter, we discuss recent trends within ESG in corporate practice and the growing emphasis placed on due diligence and mandatory disclosure by regulators and legislatures in Australia. From crackdowns on greenwashing to the rise of class action litigation, the time for corporations to act sustainability and ethically is now to remain competitive in an increasingly eco/social conscious market and regulatory environment.

In this Newsletter, we discuss the recent changes to the Australian Capital Territory (ACT) Building and Construction Industry (Security of Payment) Act 2009. We will focus on the key changes and how these amendments will impact the Building and Construction Industry in the ACT.

In this Newsletter, we discuss the decision in the case of Total Construction Pty Ltd v Kennedy Civil Contracting Pty Ltd (subject to a Deed of Company Arrangement) [2023] NSWCA 306. This landmark ruling provides invaluable insights into the intricacies of payment claim requirements as elucidated by the Security of Payments Act.

Explore the key learning lessons from the judgements in Marquee, Megacrane, Total Construction, and Richard Crookes.

How to prove statutory unconscionable conduct under section 21 of Schedule 2 of the Australian Consumer Law.

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).

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

Delve into the respective decisions by Stevenson J in the Supreme Court and the Court of Appeal cases of Goodwin, Pafburn, and Boulus

Meet Diana and Shereen, Crisp Law’s newest clerks and soon-to-be graduates.

Discussion of the New South Wales’ position on the issue of whether an adjudication determination is ‘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.