First franchisee employee underpayment case - witness credibility is key

The Supreme Court of NSW yesterday handed down judgment in the first case dealing with the validity of a termination of a franchise agreement for alleged underpayment of franchisee employees.  Read more...

Costs in QCAT disciplinary proceedings: has Health Ombudsman v Antley changed the landscape?

Although the Health Ombudsman was successful in Health Ombudsman v Antley,1 the Queensland Civil and Administrative Tribunal (*QCAT*) was not satisfied that it was in the "interests of justice", as prescribed by the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (*QCAT Act*), to require Ms Antley to pay costs.  Read more...

Medical Board of Australia successfully appeals QCAT's indemnity costs decision

The Medical Board of Australia successfully appealed a QCAT decision to award costs against it, with the Court of Appeal finding no basis to depart from default position that each party is to bear their own costs. We take a look at the Court of Appeal's decision and its implications.  Read more...

NSW Court of Appeal determines that security of payment adjudications can only be set aside for jurisdictional error

In another key decision involving security for payment adjudications, the NSW Court of Appeal unanimously confirmed that adjudications under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Security of Payment Act) can only be set aside by a court if jurisdictional error is established.

In this eBulletin, we review the decision and look at what it means for principals, developers and contractors.  Read more...

Clarification of payment claims following the High Court's first ruling on security of payment legislation

In December 2016, the High Court handed down its first-ever decision about how the security of payment legislation in Australia should be used to obtain payments. We take a look at the High Court's decision and clarify what it means for principals, developers and contractors.  Read more...

Further changes to Victoria's building laws come into effect on 1 September 2016 and still more changes are on the way

Earlier this year, new legislation was introduced by the Victorian government which brings about changes to the regulation of building work in Victoria and aims to enhance consumer protection for domestic building work. We take a look at the changes that will come into effect on 1 September.  Read more...

High Court to hear appeal in Southern Han Breakfast Point security of payments case - analysis for legal professionals

The High Court has granted leave to appeal against a controversial decision of the NSW Court of Appeal, in which an adjudicator's finding that a reference date arose after a construction contract was terminated was held not to be appealable. The appeal will be the first security of payments case ever heard by the High Court.
 Read more...

Changes to Victoria's building laws come into effect on 4 July 2016 and further changes are on the way

Earlier this year the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) was passed, which introduces a number of changes to the regulation of building work in Victoria and aims to enhance consumer protection for domestic building work. In this eBulletin, we discuss the coming changes.  Read more...

Court of Appeal confirms that mediation is not a "method for resolving a dispute" under the Victorian Security of Payment legislation

Last week, the Victorian Court of Appeal confirmed that mediation is not a "method for resolving a dispute" under Victoria's Building and Construction Industry (Security of Payment) Act 2002. In this eBulletin, we look at the decision and its implications for parties to construction contracts in Victoria.  Read more...

FEDERAL COURT REFORMS: Introduction of Insurance List and Class Actions Practice Note

2016 will see the Federal Court introduce a specialist insurance list and a Class Actions Practice Note aimed at streamlining the resolution of disputes in these areas. This eBulletin summarises the changes, including a preview of what the yet-to-be-released Practice Note is expected to include.  Read more...

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