Construction Law Update – April 2018
11 April 2018
The Corrs Construction Law Update provides a concise review of, and commercially-focussed commentary on, the major judicial and legislative developments affecting the Australian construction and infrastructure industry.
This edition considers and offers key takeaways from a number of recent cases, including:
- Important Security of Payment Update (Keywords: security of payment; High Court; jurisdictional error; non-jurisdictional error)
- Thorne v Kennedy  HCA 49 8 (Keywords: contract; duress; undue influence; unconscionable conduct)
- Kawasaki Heavy Industries Ltd v Laing O’Rourke Australia Construction Pty Ltd  NSWCA 291 (Keywords: performance bonds; injunction)
- Building Industry Fairness (Security of Payment) Act 2017 (Keywords: Queensland security of payment; project bank accounts)
- ASC AWD Shipbuilder Pty Ltd v Ottoway Engineering Pty Ltd  SASCFC 150 (Keywords: arbitration; right of appeal; implied term)
- Adventure Golf Systems Australia Pty Ltd v Belgravia Health & Leisure Group Pty Ltd  VSCA 326 (Keywords: facilities management; renewal of agreement; fiduciary duties)
- L U Simon Builders Pty Ltd v Victorian Building Authority  VSC 805 (Keywords: directions to fix building work; flammable cladding)
- Fluor v Shanghai Zhenhua Heavy Industry Co Ltd  EWHC 1 (Keywords: assessment of loss; waiver; delay analysis)
We hope you find this edition of our Construction Law Update interesting and stimulating.
If you wish to discuss anything we’ve raised in the update, or have any further questions, please don’t hesitate to contact us using the details listed to the right.
Construction, Major Projects and Infrastructure
The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.