Litigation

Owners and head contractors could be caught out for unexpected payments and lose rights they thought they had, as far-reaching changes to Victoria’s security of payment regime take effect today, a construction expert told Lawyerly. 

Challenging an adjudication decision for Watpac in a dispute over a $450 million residential complex in Macquarie Park, developer Romeciti says the adjudicator had no jurisdiction to permit the builder to access $9.19 million in bank guarantees.

MinterEllison's market-leading construction team is readying for a jump in claims stemming from reforms to Victoria's Security of Payment Act and navigating 'crisis contracting' for clients amid ongoing conflict in the Middle East -- and with a new partner soon to join its ranks, the firm is ready for the challenges.

Institutional asset manager IFM Investor was ready to sweep up Dexus' shares in Melbourne Airport operator APAC under a forced sale process triggered by a default notice for alleged confidentiality breaches, a court heard Tuesday.

Queensland developer York Property has lost its appeal of a ruling that held an adjudicator erred in finding $4.7 million in costs over alleged façade defects should be deducted from amounts owed in a payments spat with a builder Tomkins. 

A deed of company arrangement for three companies associated with developer Descon-Adcon has fallen apart after former boss Danny Isaac failed to make a $5 million contribution required under the rescue plan. 

The chair of airport operator APAC has admitted redacting advice from Herbert Smith Freehills Kramer to remove a suggested remedy for major shareholder Dexus' alleged breach of confidentiality, but denies she misled the board.

A top in-house lawyer at Dexus has told a court the real estate asset manager was using an altered form of a non-disclosure agreement with bidders of a portion of its APAC bloc of shares without the approval of the airport operator's co-owners.

A tribunal has declined to approve a planned Veolia waste consolidation facility 220 metres from a residential area, after receiving hundreds of objections that expressed concerns about odour.

A 27-year old cricketer who will be permanently bound to a wheelchair has won a $15.2 million judgment against a local council over its failure to install pedestrian gates at a convenient location near the cricket grounds, with a judge finding this led to players routinely jumping a fence to exit.