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,

As has been reported on numerous occasions, in Thurin v Krongold [2022] VSCA 226, the Victorian Court of Appeal determined that VCAT is not a “Court of a State” for the purposes of s 77(iii) of the Constitution and therefore the Victorian State Parliament is incapable of conferring judicial power on VCAT in respect of federal matters.

AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419   AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419 is a decision of the President of VCAT, Justice Woodward.  It covers issues commonly encountered in domestic building disputes.   The parties to the major domestic building contract had validly departed from the

More jurisdiction gymnastics in the domestic building space (yes, more)   There are two recent decisions of note which shift the dial (yet again) as to VCAT’s power to refer matters within its jurisdiction to a court.   The first is Plunkett v Portier Pacific [2024] VCAT 205, a decision of Woodward J (sitting as President of