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Searching Content indexed under Corporate/Commercial Law by Andrew McCormack ordered by Published Date Descending.
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1
The Building Industry Fairness (Security of Payment) Act 2017 (Qld) – Where are things at?
A number of changes to the BIF Act have been passed so that industry participants understand their new obligations.
Australia
16 Nov 2018
2
Corrs High Vis: Episode 28 – FIDIC and the Rainbow Suite of construction contracts
This Corrs High Vis podcast examines FIDIC's Rainbow Suite of construction contracts, including the new EPC contract.
Australia
11 Jul 2018
3
Contract rights excluded from the stay on the exercise of ipso facto provisions
A range of contract rights have been excluded by declaration from the stay on the exercise of "ipso facto" provisions.
Australia
2 Jul 2018
4
Exceptions to the stay on the exercise of IPSO facto provisions
New Cth regulations provide for a range of contracts to be excluded from the stay on the exercise of "ipso facto" provisions.
Australia
27 Jun 2018
5
Corrs High Vis: Episode 25 - Early contractor involvement
ECI contracting is becoming increasingly popular as a model for engaging with the market when procuring major projects.
Australia
18 May 2018
6
Insolvency reform: Stay of ipso facto provisions will provide breathing space for companies facing insolvency
Safe harbour provisions and restrictions on the operation of "ipso facto" provisions in contracts have been introduced.
Australia
14 Dec 2017
7
Your option or mine?
We discuss a recent case on contract law.
Australia
4 Jun 2017
8
Standards Australia abandons AS 11000: General Conditions of Contract
Standards Australia has cancelled further development of the draft AS 11000 and confirmed that it will not be released.
Australia
17 Apr 2017
9
Preparing for the extended unfair contract terms regime (video)
Business need to understand the impact of legislative changes relating to standard form contracts with small businesses.
Australia
30 Jun 2016
10
The doctrine of penalties survives in England – But what is its future in Australia?
While a UK Supreme Court decision is persuasive in Australia, the High Court is not bound to follow English decisions.
Australia
11 Nov 2015
11
Bath v Mowlem (2004) [2015] 1 WLR 785; AB v CD [2015] 1 WLR 771; Ashton v Express Sign Labs [2015] FCA 975: interlocutory injunctions
The cases all deal with an issue that arises when seeking interlocutory injunctions: will damages be an adequate remedy?
Australia
29 Oct 2015
12
Aspect Contracts (Asbestos) Limited v Higgins Construction PLC [2015] UKSC 38: Adjudication challenge
The limitation period for any adjudication challenge runs from the date of the first payment by the unsuccessful party.
UK
29 Oct 2015
13
Adapt Construction Pty Ltd v Whittaker 2015] ACTSC 188: Nil liquidated damages
This case shows where a zero liquidated damages clause did not prevent the recovery of general damages for delay.
Australia
29 Oct 2015
14
The sanctity of the architect's certificate: Cirocco Constructions Pty Ltd v Clarke (NO 2) [2015] SADC 107
The standard form contract: ABIC SW-2008 "Simple Works Contract" does not give the owner an express right of set off.
Australia
29 Oct 2015
15
Diploma Construction (WA) Pty Ltd v best bar Pty Ltd [NO 2] [2015] WASC 230: Contractual records
The case serves as a useful reminder of the importance of good record keeping, especially as to the terms of a contract.
Australia
29 Oct 2015
16
Too complex to get it right: Laing O'Rourke Australia Construction Pty Ltd v Samsung C&T Corporation [2015] WASC 237
Lawyers and adjudicators would be interested, but it is difficult to see how contractors or principals should change.
Australia
29 Oct 2015
17
Sugar Australia Pty Ltd v Lend Lease Services Pty Ltd [2015] VSCA 98: Accss to security
A principal's right of recourse to a contractor's bank guarantee under a construction contract is not usually restrained.
Australia
29 Oct 2015
18
BRB Modular Pty Ltd v AWX Construction Pty Ltd [2015] QSC 218' Payment claims
Construction contracts require contractors to sign a statutory declaration affirming that subcontractors have been paid.
Australia
29 Oct 2015
19
Commercial & Industrial Construction Group Pty Ltd v King Construction Group Pty Ltd & Anor [2015] VSC 426: Security of payment
The date work is performed under a contract is only one factor to decide the correct reference date for a payment claim.
Australia
29 Oct 2015
20
The end of the penalty doctrine in England too?
After changes to the law of penalties in Australia, there may be big changes to penalties in England and Wales as well.
Australia
29 Oct 2015
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