Collateral use of disclosed documents: Permitted? During litigation, parties are required to exchange all documents that are relevant and without privilege. Throughout this process, an opposing party is likely to provide you with documents [...]
Beware time limits Recent case demonstrates why you should take legal advice as early as possible …. Fail to do so and you risk being statute barred from making a claim 1. Introduction On [...]
Does failure to strictly comply with the contract always mean you will fail on a claim for a variation or extension of time?
Does failure to strictly comply with the contract always mean you will fail on a claim for a variation or extension of time? We often receive calls from contractors and subcontractors who have carried [...]
Beware Premature Payment Claims: MKA Bowen v Carelli Constructions Introduction On 24 September 2019, Justice Digby of the Supreme Court of Victoria handed down his decision in MKA Bowen Investments Pty Ltd v [...]
Quantum meruit: Limited by the High Court Introduction On 9 October 2019, the High Court of Australia handed down its decision in Mann v Paterson Constructions Pty Ltd  HCA 32 (Mann v Paterson). [...]
Supreme Court clarifies identification of construction work for a valid payment claim There are a number of things you absolutely must get right if you are to successfully use the Security of Payment Legislation, [...]
Litigation & Dispute Resolution
The without prejudice fallacy: when words are not enough It is not uncommon to see the words ‘without prejudice’ at the start of correspondence between negotiating parties. However, just using the words ‘without prejudice’ [...]
When is a will a will? What happens when a testator dies and their will has not been validly executed? For instance, the testator may have forgotten to sign the will or died before [...]
You have gone to Court. The judge has ruled in your favour. You now have judgment against someone who owes you goods or money. What happens next? As you can see from the flowchart below, the answer to this question can depend on the debtor. In a perfect world, they will pay the debt and that will be the end of it. Unfortunately, this may not always be the case. Sometimes, despite a court order, the de
SUBPOENA ALERT: What to do if you are served with a subpoena Subpoenas are frequently used in litigation. They can be issued to individuals or companies who are not directly involved in legal proceedings, but [...]
Sellers’ Retention of Title Under the PPSA Review: Will PMSI “Cross Collateralisation” Level the Playing Field or Skew the Balance?
Bruce Whittaker’s Review of the Personal Property Securities Act (“PPSA Review”), tabled in the Australian Parliament in March 2015, recommends that the PPSA be amended to expand the “purchase money security interest” (PMSI) super priority [...]