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News 2023-04-21
Best Lawyers Australia 2024
Congratulations to the 18 partners and lawyers who have been recognised by their peers in the 2024 edition of Best Lawyers Australia and Best Lawyers “Ones to Watch”, both published in the Australian Financial Review.
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Case review 2023-04-04
Location, location, “location insured” – the Full Federal Court interprets a rainfall exclusion in a contract works policy
In the recent decision of Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited, the Federal Court of Australia held that insurers could rely on a rainfall exclusion in a contract works policy on the basis of logic and business efficacy. This decision highlights that insureds and insurers should be careful to ensure that the level of cover they hold is adequate, and that policies are appropriately drafted and priced.
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Article 2023-04-03
Construction Brief: latest decisions April 2023
This update includes a round-up of recent court decisions and a CMA ruling dealing with breach of competition law, dispute resolution clauses and limitation, enforcement of an adjudication decision by a dormant company, terms and conditions of purchase orders and remediation compensation orders.
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Article 2023-03-08
What’s left of VCAT’s construction dispute jurisdiction?
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
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Article 2022-12-22
Construction and building claims in Australia and beyond - a year in review
The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.