The High Court decision in Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24 has wide reaching ramifications to owners or contractors who have entered into arbitration agreements and have not, where possible, contracted out of proportionate liability. By way of background, a contractual dispute between Tesseract, an engineering consultancy, and Pascale, a building company

In Tanah Merah Vic Pty Ltd v Owners’ Corporation No 1 of PS631436T [2021] VSCA 72 (‘Tanah Merah’), the Court of Appeal sought to clarify how and when apportionable claims could be raised, with reference to cases including its earlier decision in Godfrey Spowers (Vic) Pty Ltd v Lincolne Scott Australia Pty Ltd (2008) 21 VR 84; [2008] VSCA 208 (‘Godfrey Spowers’). But

Readers will recall that in Thurin & Anor v Krongold Constructions (Aust) Pty Ltd & Ors [2022] VSCA 226; 73 VR 403 the Court of Appeal confirmed that VCAT does not have jurisdiction to hear and determine a proceeding involving the exercise of judicial power in relation to federal subject matter.  Consequently, the Victorian Civil and Administrative Tribunal

Damages for consequential loss for a breach of contract are awarded to place a plaintiff in the same position as if the contract had been performed.  The legal onus to prove loss arising from a breach of contract rests on the plaintiff, the party seeking to recover damages.  But what about situations where a breach

The Hon Paul Heath KC on ‘Expert Evidence from the Perspective of an Arbitrator and Judge’  The Hon Michael Whitten KC on ‘Commercial Arbitration in the Pacific – Issues and Opportunities‘ Andrew Downie of counsel on ‘Conducting Expert Conclaves and Preparing Joint Reports‘   On Monday 16 September 2024 at 4:30pm to 5:30pm (AEST), MTECC will be hosting a webinar online. The

In Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 the High Court unanimously upheld the decision of the New South Wales Court of Appeal, finding that damages for breach of contract includes wasted expenditure reasonably incurred in anticipation of, or reliance on, the performance of the contract. As part of its airport development plan,