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Employment Law
Insight 06 Dec 2016

In this issue we look at the Fair Work Ombudsmans decision to prosecute a sham contracting offence even after the employer had rectified the underpayments the enforceability of post-employment restraint of trade clauses how a new ABCC will look like after its journey through the Senate and the ...

Impact of reforms to Construction Contracts Act 2004 (WA)
Insight 25 Oct 2016

Proposed amendments to the Construction Contracts Act 2004 WA will if passed result in significant changes to the adjudication process in Western Australia Partner Jeremy Quan-Sing Senior Associate Fiona Potter and Law Graduate Thanushar Sridaran report on the potential impacts of the changes ...

The hotel window closes - no vulnerability where a contract exists
Insight 20 Oct 2014

The High Court recently overturned a NSW Court of Appeal decision that stated a building contractor owed a duty of care for pure economic loss for defective work to a successor in title to the developer of commercial premises. ...

Amendments to BCIPA regime passed in Queensland
Insight 18 Sep 2014

The Queensland Parliament has passed amendments to the states security of payment legislation that aim to address concerns raised by the construction industry about unfairness in the payment claim and adjudication process ...

Make informal payment arrangements for construction work at your own peril
Insight 05 Sep 2014

A recent decision of the New South Wales Supreme Court serves as a timely reminder that a construction contract under security of payment legislation can include an arrangement to carry out construction work that is not legally enforceable Managing Associate Nicholas Ng Associate Matt Thomas and ...

SOPA adjudications in Western Australia - only the applicant can win!
Insight 03 Jul 2014

The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...

Record penalties a reminder of product safety obligations
Insight 03 Jul 2014

Record US penalties recently imposed on car manufacturers for failures to deal appropriately with safety defects are a timely reminder to Australian manufacturers of their product safety obligations Partner Belinda Thompson Senior Associate Jaime McKenzie and Lawyer Ishwar Singh report ...

Adjudications under WA's SOPA legislation - enforcement by statutory demands clarified
Insight 24 Jun 2014

The WA Supreme Court has provided important clarification on the enforcement of adjudication determinations by the use of statutory demands under that States security of payment legislation It has confirmed that leave to enforce an adjudication determination as a judgment must be obtained before the ...

Work Health & Safety
Insight 23 Apr 2014

This Insight examines the latest developments in Workplace Health and Safety laws ...

Important changes to BCIPA in Queensland
Insight 11 Apr 2014

Queenslands Department for Housing and Public Works has released details of fundamental amendments to the Building and Construction Industry Payments Act proposed to come into effect this year Partner Dan Young and Overseas Practitioner Andrew Middleton report on the key reforms proposed and their ...

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