Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

December 2016

In this issue we feature recent and imminent changes to the Construction Contracts Act – consultants included as from 1 September 2016 and a new statutory trust model for retentions comes into force on 31 March 2017.

We also look at the ‘Cinderella of law’ – unjust enrichment, dispute boards in Brazil, the Society of Construction Law’s new take on the Delay and Disruption Protocol; and more.

In ‘Case in Brief’, Sarah Redding discusses two recent decisions of the Australian and UK Courts, and the different approaches taken in each jurisdiction to the relationship between parties’ contractual termination obligations and the common law right to terminate for repudiatory breach.

CONTENTS
  • Q4 highlights
  • Construction Contracts Act – new statutory trust model for retentions
  • BuildSafe in Brief
  • Unjust enrichment, a Cinderella story
  • Case in Brief – Double Edition
    • DCT Projects Pty Ltd v Champion Homes Sales Pty Ltd [2016]
    • Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016]
  • CCA Captures Consultants
  • Disputes Boards set to gain traction in Brazil
  • SCL’s new take on the delay and disruption protocol
CONTENTS

  • Court review of an arbitrator’s preliminary jurisdictional ruling: de novo or appellate review?
  • Retentions maxed out
  • Case in Brief: Adjudicator’s determination quashed – Anderson and Anor v Swindells & Anor
  • Expert determination clauses – when will they be enforceable to prevent Court proceedings?
  • Don’t get stuck in the penalty box: the world post-Makdessi
  • Sentencing trends under new penalty regime
  • Holding parties to their bargain: the Supreme Court enforces a ‘no oral variation clause’
  • Some clarity on ‘no oral variation’ clauses