Federal

Australian Securities and Investments Commission v Sino Australia Oil & Gas Ltd [2014] 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 [2014] 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 [2014] 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 [2014] 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...

Queensland

Duke Building Pty Ltd v Queensland Building and Construction Commission [2014] 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 [2013] QSC 057 Camill Constructions Pty Ltd v Queensland Building Services Authority [2013] QSC 275 More...

PW Woods (Builder) Pty Ltd v Watch This Space Builders Pty Ltd [2014] QCAT 188
Building dispute – Wrongful repudiation – Construction manager liable for incomplete and defective work of contractors More...

Victoria

You v Thomas [2014] VSC 255
ADMINISTRATIVE LAW  — Judicial review — Jurisdictional error — Error of law on the face of the record — Building Act 1993, s 93 More...

Northern Territory

Axis Plumbing N.T. Pty Ltd v Option Group (NT) Pty Ltd and Anor [2014] 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...

Contact details

Melbourne

Chris Edquist, Partner
T: +61 3 9321 9919
E: chris.edquist@holdingredlich.com

Sydney

Tony Britt, Partner
T: +61 2 8083 0497
E: tony.britt@holdingredlich.com

Brisbane

Troy Lewis, Partner
T: +61 7 3135 0614
E: troy.lewis@holdingredlich.com

Stephen Burton, Partner
T: +61 7 3135 0604
E: stephen.burton@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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