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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.

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

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 ||| MTECC News edition 19.2

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)

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Cockram Construction Limited v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 ||| MTECC News edition 19.1

Cockram Construction Limited v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107   An adjudicator determined that Cockram, as subcontractor to Fulton Hogan, was entitled to be paid $8,307,337.72 in respect of extensions of time.  In defence of the claim, Fulton Hogan relied upon clause 22(1)(e) of the subcontract, which provided as a pre-condition to entitlement to

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by rejecting the applicant's claim on a basis not contended for by the respondent. Instead, the adjudicator ought to have sought submissions on the point. #constructionlaw #sopact #southaustralia

In AUSENCO OPERATIONS PTY LTD & ANOR v FERRETTI INTERNATIONAL OTTOWAY PTY LTD & ANOR [2020] SASC 46 (1 April 2020) Doyle J held an adjudicator was constrained by the matters raised by the parties, and denied the applicant procedural fairness...

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