Security of Payment – Construction Contracts WA

When entering into a contract for building and construction work it is important for all parties to understand what the process is if a dispute arises over payment of money under the contract. Regardless of whether the contract is written or oral, if a dispute arises about payment there is a legislated process to resolve […]

5 Tips and Traps in Home Building Contracts For Owners in Victoria

You are required to enter into a major domestic building contract in Victoria, when the total cost is $5,000 or more and you carry out domestic building works which includes building; Repairs; Improvements; Maintenance; Demolition; and/or Removal. Before you sign a domestic building contract, there are a number of things that you should check. Is […]

Arbitration – A Value Option

Recently Jim Doyle acted for a contractor and who wished to collect the final payment of his project in Melbourne. A review of the contract revealed that disputes were to be settled by arbitration and this presented a quicker method of resolution than normal litigation. The arbitration started with a Notice of Dispute in April […]

Doyles Construction Lawyers Newsletter: December 2015

Welcome to the December edition of the Doyles Construction Lawyers newsletter. We hope you enjoy the articles.   Arbitration – a valuable option Recently Jim Doyle acted for a contractor and who wished to collect the final payment of his project in Melbourne. A review of the contract revealed that disputes were to be settled […]

Leighton v Arogen [2012] NSWCA 1370

The New South Wales Court of Appeal decision has recently demonstrated that the Court is reluctant to grant mandatory interlocutory relief but will do so if necessary on the balance of convenience factors. FACTS Leighton contracted with Ausgrid to carry out works for the upgrade of electricity supply to the southern suburbs of Sydney and […]

Electricity Generation Corporation t as Verve Energy v Woodside Energy Ltd WASCA 36

The Western Australian Court of Appeal provides clear guidance regarding “reasonable endeavours” clauses in the  context of the contract and the importance of those obligations. FACTS Verve Energy [“the Buyer”] and Woodside [“the Sellers”] were parties to a long-term gas supply agreement [“GSA”] which required the Sellers to “use reasonable endeavours” to make the additional […]

Murray & Roberts Australia Pty Ltd v G B Lifestyles Pty Ltd [2013] WASC 345

Jurisdiction: SUPREME COURT OF WESTERN AUSTRALIA Citation No: [2013] WASC 345 Case No: ARB:2/2013 Heard: 1 MAY 2013 Coram: MARTIN CJ Delivered: 16/09/13 No of pages: 27 Judgment Part: 1 of 1 Result: Leave to appeal granted on grounds 1, 2, 4 and 5 Category: B PDF Version Parties: MURRAY & ROBERTS AUSTRALIA PTY LTD G B […]

Mackay Sugar Ltd v Sugar Australia Pty Ltd [2013] QSC 233

SUPREME COURT OF QUEENSLAND   CITATION: Mackay Sugar Ltd v Sugar Australia Pty Ltd [2013] QSC 233 PARTIES: MACKAY SUGAR LTD ACN 057 463 671 (applicant) AND SUGAR AUSTRALIA PTY LTD ACN 081 245 169 (respondent) FILE NO: BS 120924 of 2012 DIVISION: Trial Division PROCEEDING: Application DELIVERED ON: 5 September 2013 DELIVERED AT: Brisbane HEARING DATE: 18 April […]

Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2013] FCA 882

FEDERAL COURT OF AUSTRALIA Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2013] FCA 882 Citation: Coeclerici Asia (Pte) Ltd v Gujarat NRE Coke Limited [2013] FCA 882 Parties: COECLERICI ASIA (PTE) LTD v GUJARAT NRE COKE LIMITED and SHRIARUN KUMAR JAGATRAMKA File number: NSD 437 of 2013 Judge: FOSTER J Date of judgment: […]

Lamont v Town of Kwinana [2013] WASC 326

Jurisdiction: SUPREME COURT OF WESTERN AUSTRALIA Citation No: [2013] WASC 326 Case No: SJA:1129/2012 Heard: 3 JULY 2013 Coram: McKECHNIE J Delivered: 29/08/13 No of pages: 18 Judgment Part: 1 of 1 Result: Appeal allowed Judgment of acquittal entered Category: B PDF Version Parties: DEREK IAN LAMONT TOWN OF KWINANA Catchwords: Local government and construction Failure to […]