Kicking it to the referee(s) – the Queensland Supreme court refers $1.4bn dispute to panel of three referees  In Santos Limited v Fluor Australia Pty Ltd & Anor (No 2) [2020] QSC 373 (Santos) the Queensland Supreme Court has ordered all questions “raised on the pleadings as amended from time to time” in relation to a $1.4bn dispute concerning the Surat

Is your payment claim a final claim? The Victorian Supreme Court considers the process for detemining whether a claim for payment is final in Citi-Con v Trojan Built [2020] VSC 557  In Citi-Con (Vic) Pty Ltd v Trojan Built Pty Ltd [2020] VSC 557, the issues considered by Justice Stynes of the Supreme Court of Victoria were

The Cladding Safety Victoria Bill 2020 Since the tragic loss of life from the Grenfell Tower Fire in 2017, there has been considerable government activity to work out how dangerous combustible cladding came to be on so many multi-storey buildings, and how to prevent a Grenfell-like tragedy occurring in Australia. Victorians are fortunate that the

Resolving tension in the Building and Construction Industry Security of Payment Act 2002 – Façade Designs International Pty Ltd v Yuanda Vic Pty Ltd [2020] VSC 570 In Façade Designs International Pty Ltd v Yuanda Vic Pty Ltd [2020] VSC 570 the Victorian Supreme Court has resolved ambiguity in the prohibition in s 14(3)(b) of the Building and Construction Industry Security of Payment

The perils of adjudication – the Victorian Court of Appeal rejects an appeal disputing the validity of an adjudication determination in 1155 Nepean Highway Pty Ltd v Promax Building Pty Ltd [2020] VSCA 253 Under s 16(2) of the Building and Construction Industry Security of Payment Act 2002 (the Act), if a respondent fails to provide a payment schedule in response

Linked Claims – the Victorian Supreme Court considers the enforceability of an arbitration clause in West Gate Tunnel skirmish (Transurban WGT Co Pty Ltd v CPB Contractors Pty Limited [2020] VSC 476) As part of the West Gate Tunnel Project, the State of Victoria (Victoria) and Transurban  entered  into a ‘head’ agreement for Transurban to design,