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MTECC NEWS

MTECC publishes a fortnightly newsletter, with a short article by one of our members, together with recent news. Please add your details below so we can add you to our distribution list. The latest MTECC news and previous versions are set out below.

Current and previous newsletters

Pinnacle Living v QBE Insurance [2023] VSC 621

The decision in Pinnacle Living v QBE Insurance [2023] VSC 621 concerned two issues of interest.   The relevant facts were as follows. A fire on a construction site caused about $3 million loss and damage. Two insurers were on risk. One under an Industrial Special Risks Policy. The other under contract works insurance. Contract works risk was

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The Justice Legislation Amendment Act 2023

The Justice Legislation Amendment Act 2023 (Vic) (JLAA) became law on 10 October 2023. Part 10 of the JLAA contains ‘VCAT-related amendments’ which comprise four key changes.   Division 1 of Part 10 amends the Victorian Civil and Administrative Tribunal Act 1998 (the ‘VCAT Act’) in light of the decision in Thurin & Anor v Krongold Constructions (Aust) Pty Ltd & Ors [2022] VSCA 226 (‘Thurin’) which

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When can a director or officer of a company be personally liable for combustible cladding?

In late 2020, the Victorian Government introduced the Cladding Safety Victoria Bill. According to the responsible Minister, the Bill was intended to “support owners of buildings assessed as higher-risk to rectify their combustible cladding” by providing financial assistance. The Bill established Cladding Safety Victoria as a State government body, which was tasked with providing grants to

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Expansion of the statutory moratorium for companies in administration to include an international arbitration: Naidenov, in the matter of Quoterite Pty Ltd (administrators appointed) [2023] FCA 1169

Expansion of the statutory moratorium for companies in administration to include an international arbitration: Naidenov, in the matter of Quoterite Pty Ltd (administrators appointed) [2023] FCA 1169 This proceeding was an application before Yates J of the Federal Court to, in effect, stay an international arbitration in Colorado because the respondent company to that arbitration was in

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Determining the proper damages assessment date in a construction dispute

What follows is not so much a case note (as readers of MTECC News often expect), but an explanation of a principle made topical from today’s high inflation. Determining the proper date of assessment for damages is important in times of high inflation affecting the construction sector, when the cost of performance increases substantially

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Schott AG v Melton Willows Pty Ltd [2023] VSC 364

The recent decision of Stynes J. in Schott AG v Melton Willows Pty Ltd [2023] VSC 364 explains the limited circumstances in which a court will be prepared to interfere in a contractual expert determination. In Schott the parties to a share sale agreement (‘SSA’) agreed that an independent accounting expert was to value entitlements under the SSA in

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