With
Zachary Sharpe,
Matthew Skinner
The Mediation Convention is intended to promote mediation as an effective way of resolving cross-border disputes.
With
Kenneth Hickman,
Benjamin I. Holloway,
Stephen McComish
A recent decision by the Supreme Court of Victoria could indicate a shift from the position favouring statutory rights over freedom of contract.
With
John Cooper,
Kenneth Hickman,
Benjamin I. Holloway,
Stephen McComish
ECA Systems ("ECA") and Total Eden Pty Ltd ("Total Eden") entered into a subcontract for electrical work in the Pilbara ("Subcontract").
With
John Cooper,
Katie E. Gothard-Leigh,
Kenneth Hickman,
Stephen McComish
The actions confirm that Australian courts will only in very limited circumstances overturn a determination under the statutory adjudication process.
With
Kenneth Hickman,
Kristian Maley,
Stephen McComish,
Paul Riethmuller
The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere.
With
John Cooper,
Kristian Maley,
Stephen McComish
Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties.
With
Lee Coffey,
John Cooper,
John J. Crowley,
Kristian Maley,
Stephen McComish,
Andrew Ness,
Stephen O'Neal,
Craig C. Shuttleworth,
Matthew Skinner
E.ON engaged MT Højgaard ("MTH") to design and construct foundations for the Robin Rigg offshore wind farm in Scotland. The contract required MTH to exercise reasonable skill...
With
John Cooper,
Katie E. Gothard-Leigh,
Kenneth Hickman,
Stephen McComish
A question commonly raised is whether the actions of a principal or principal's representative can amount to a waiver of the requirement.
With
Steven Fleming,
Stephen McComish
During the second half of 2016, a number of high-profile cases across Australia have offered significant insights to stakeholders in the construction and mining industries.
With
Stephen McComish,
Paul Riethmuller
The Western Australian Government's long-awaited response to review of the Construction Contracts Act 2004 was released amid further scrutiny on government-managed construction projects and contractor insolvencies.
With
Kenneth Hickman,
Kristian Maley,
Stephen McComish
In the recent decision of Samsung C&T Corporation v Duro Felguera Australia Pty Ltd, the Supreme Court of Western Australia declined to make a declaration as to the effect of an arbitration agreement.
With
Stephen McComish,
Paul Riethmuller
The Western Australian Government's long-awaited response to review of the Construction Contracts Act 2004 was recently released amid further scrutiny on government-managed construction projects and contractor insolvencies.
With
Steven Fleming,
Stephen McComish
Below is a snapshot of some recent cases of interest across Australia and the insights they offer the industry.
