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.

June 2017

In this issue we feature natural justice and adjudications. We also look at representative defect claims and exclusion clauses, further amendments to the Arbitration Act, and the recent New Zealand Court of Appeals decisions in Ebert Construction v Sansom & Anor in which the Court found that payments made under direct agreement by a financier to a builder are not voidable transactions and Torchlight which dealt with the application of the penalties doctrine under NSW law.

In “Case in Brief” Jeremy Glover discusses the recent UK TCC decision in Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] in which Marsh claimed there had been a breach of natural justice in relation to corrections made under the slip rule.

 

CONTENTS
  • Exclusion clauses: Court of Appeal confirms broader approach
  • Adjudication, naturally
  • Case in Brief:
    Dawnus Construction Holdings v Marsh Life Ltd [2017]
  • Arbitration Amendment Bill
  • TCC Guidance on representative defect claims
  • Court of Appeal confirms the conventional operation of extensions of time provisions
  • Payments made under direct agreement not voidable transactions
  • NEC launches new NEC4 suite of contracts
  • A recent New Zealand statement on the law of penalties