KCL Law

An appeals court has knocked back a constitutional challenge by the developers of a $38 million residential development seeking to set aside an adjudication determination on the basis that the Victorian SOP Act conflicts with the Australian Consumer Law. 

Building surveyor McKenzie Group has denied negligence claims in a case over the use of combustible cladding on Lendlease's Exo apartment complex at Melbourne's Docklands, telling a court the construction giant didn't rely on its advice and switched the cladding without its knowledge. 

A judge has permanently stayed a suit against developer Stennson over a Caulfield North residential development after finding the developer would suffer prejudice because the builder on the project was not a party in the case.

Insurer Allianz Australia has been unsuccessful in an application to limit Uniting Church's coverage for historical sexual misconduct claims to $15 million under a professional indemnity policy.

A Toorak developer has been barred from calling on nearly $500,000 in security, with a court finding an allegation against contractor Kronstruct was “irrational and misconceived" and did not result in the alleged $1.6 million loss. 

The defendants in Lendlease's lawsuit over combustible cladding used on its $107 million EXO residential apartment block in Melbourne's Docklands have pointed the finger at one another six months out from trial in the long-running proceedings.

Car dealership software firm Pentana has accused competitor Titan of a "calculated, sustained and brazen" invasion of its rights, and argues cross-claims of misuse of market power are a distraction.

In a copyright and competition fight with car dealer software company Pentana that heads to trial on Monday, Titan DMS says its rival is trying to bar it from helping customers overcome a practice of holding their data "hostage”.

A judge has declined car dealer software supplier Pentana's bid to withdraw admissions made over four years ago in a dispute with competitor Titan DMS.

A judge has found that Victoria's SOP Act is not at odds with the Australian Consumer Law, refusing to set aside a $1.85 million adjudication determination in a dispute over a $38 million contract for a Glen Iris residential development.