Australian Securities and Investments Commission v Sino Australia Oil & Gas Ltd  FCA 565
CORPORATIONS – application for injunction under s 1323(1) of the Corporations Act 2001 (Cth) – ongoing ASIC investigation into alleged contraventions of the Corporations Act 2001 (Cth) by the company and its directors – necessary and desirable to grant injunction in order to protect investors’ interests-Corporations Act 2001 (Cth) ss 180, 181, 182, 674, 710, 724, 728, 729, 1041A, 1041B, 1041H, 1323(1) and 1323(6) More...
New South Wales
Allianz Australia Insurance Limited v Botros Soliman & Anor  NSWSC 737
Judgment against each defendant for $400,000
INSURANCE - home warranty insurance - proceedings for recovery from directors of building company pursuant to deeds of indemnity - no question of principle - Home Building Act 1989; Civil Procedure Act 2005 More...
Macmahon Mining Services v Cobar Management  NSWSC 731
PROCEDURE - application for summary judgment on or to strike out some claims -whether claims are for "Consequential Loss" as defined by the contract between the parties - whether regard must be had to the facts to determine whether claims fall within "Consequential Loss" - whether appropriate case for strike out or summary disposal of claims PROCEDURE - costs - general rule costs follow the event of the motion More...
Delta Electricity v Centennial Mandalong Pty Ltd  NSWCA 178 [READ HEADNOTE]
CONTRACTS - general contractual principles - construction and interpretation of contracts - whether government charges imposed under the national carbon pricing scheme on methane emissions were charges "attributable to" coal sold by the respondent and purchased by the appellant – appeal dismissed with costs
Clean Energy Act 2011 (Cth); Clean Energy (Consequential Amendments Act) 2011 (Cth); Clean Energy (Unit Shortfall Charge - General) Act 2011 (Cth); Coal and Oil Shale Mine Workers (Superannuation) Act 1941(NSW); Coal Industry Act 2001(NSW) More...
Duke Building Pty Ltd v Queensland Building and Construction Commission  QCAT 190
DIRECTION TO RECTIFY – WHETHER UNFAIR – where Direction to Rectify unable to be complied with within the 28 day period – where delay on the part of the homeowner in obtaining certified plans – whether Direction to Rectify voidable – whether unfair in the circumstances.
McNab Constructions Australia Pty Ltd v Queensland Building Services Authority  QSC 057 Camill Constructions Pty Ltd v Queensland Building Services Authority  QSC 275 More...
PW Woods (Builder) Pty Ltd v Watch This Space Builders Pty Ltd  QCAT 188
Building dispute – Wrongful repudiation – Construction manager liable for incomplete and defective work of contractors More...
You v Thomas  VSC 255
ADMINISTRATIVE LAW — Judicial review — Jurisdictional error — Error of law on the face of the record — Building Act 1993, s 93 More...
Axis Plumbing N.T. Pty Ltd v Option Group (NT) Pty Ltd and Anor  NTSC 22
ADMINISTRATIVE LAW – Construction – Security of payment – Determinations – Validity of – Jurisdictional error – Review by Supreme Court – Functions of Court on judicial review - Construction Contracts (Security of Payments) Act 2004 (NT) ss 27, 33(1)(a), 48(3)
ADMINISTRATIVE LAW – Construction – Security of payment – Adjudicators – Jurisdiction – Jurisdictional error – Statutory Criteria – Satisfaction as to – Must be reasonable – Must be legally correct – Construction Contracts (Security of Payments) Act 2004 (NT) ss 33(1)(a), 48(3)
CONSTRUCTION – Security of payment – Determinations – Whether there is a “construction contract” - Construction Contracts (Security of Payments) Act 2004 (NT) s 33(1)(a)(i)
CONSTRUCTION – Security of payment – Determinations – Whether contract subject to condition precedent – Whether there is a payment dispute - Construction Contracts (Security of Payments) Act 2004 (NT) s 33(1)(a)(ii) More...
Chris Edquist, Partner
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Tony Britt, Partner
T: +61 2 8083 0497
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T: +61 7 3135 0614
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T: +61 7 3135 0604
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