The various decisions handed down in this litigation (from Courts of all levels) confirm the conventional position in Australia in relation to unconditional guarantees.
In the recent decision of Pt Bayan Resources TBK v BCBC Singapore Pte Ltd [2014] WASCA 178, the Western Australian Court of Appeal...
While there is a divergence in views among courts in Australia as to whether ambiguity remains a prerequisite for the admissibility of...
In the October 2013 issue of Acumen, we gave an overview of the divergence in approach of courts in England, Australia and New Zealand in the interpretation of ...consequential... or ...indirect......
What options are available to a contractor if it receives a favourable adjudication determination under security of payment legislation, but the principal still does not...
The decision of the NSW Court of Appeal in JP Morgan Australia Ltd v Consolidated Minerals Pty Ltd [2011] NSWCA 3 on 8 February 2011 emphasises the extent to which the Courts are prepared to read...
The case of Alcoa of Australia Ltd v Apache Energy Ltd [2014] WASCA 148 provides the latest guidance on a court's power to impose a confidentiality regime on the inspection of discovered...
High Court corrects the error, but stops short of giving builders of commercial property unqualified comfort -- The High Court of Australia has unanimously overturned the New South Wales Court of...
On 24 April 2014 the Western Australian Court of Appeal handed down a unanimous decision in the case of Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd...
The case of Electricity Generation Corporation T/As Verve Energy v Woodside Energy Ltd & Ors [2014] HCA 7 (5 March 2014) provides the latest guidance on drafting 'reasonable endeavours'...
The WA Court of Appeal recently revisited the incorporation of contractual terms through prior dealings in La Rosa v Nudrill Pty Ltd [2013] WASCA 18. The decision indicates that there are no...