Taking the Penalty out of the Penalty Interest Rates Act   In a decision on the interest and costs payable in relation to the Lacrosse ACP-cladding case (Owners Corporation No.1 of PS613436T v Lu Simon Builders Pty Ltd (No. 2) (Building and Property) [2019] VCAT 468), Judge Woodward, sitting as Vice President of the VCAT, has

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 – the date of accrual of a cause of action under an insurance policy In Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy to determine when the cause of action for breach of

John Beever (Aust) Pty Ltd v Paper Australia Pty Ltd [2019] VSC 126 This decision of Lyons J appertained to an application in respect of three separate payment claims pursuant to sections 16(2) and 17(2) of the Building and Construction Industry Security of Payment Act 2002 (the “SOPA”). Noting and discussing the summary nature of the applications, and

HOMEOWNER SUCCESSFULLY APPEALS VCAT DECISION: Fullinfaw v Neil Fletcher Design Pty Ltd [2019] VSC 142 (12 March 2019)   Background The Domestic Building Contracts Act 1995 (Vic) (‘Act’) allows no fault termination in accordance with section 41 of the Act. On 23 June 2016 the owners validly terminated a building contract entered into on 22 January 2015. The Tribunal ordered that the

NSW Court of Appeal rejects “Facade” Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (In liquidation) [2019] NSWCA 11 (12 February 2019) Seymour subcontracted Ostwald to perform road works on the Pacific Highway. Ostwald served a progress payment claim for $6,351,066.08 pursuant to the Building and Construction Security of Payment Act 1999 (NSW) (Act). Seymour responded by payment schedule proposing to pay $2,505,237.58.

Supreme Court of Western Australia Court of Appeal refuses to set aside an arbitration award made by two arbitrators notwithstanding a finding of misconduct on the part of the third arbitrator by reason of his non-participation in the arbitral process.   In Structural Monitoring Systems Ltd v Tulip Bay Pty Ltd [2019] WASCA 16 (29 January 2019)