Litigation

A court has ruled that the body corporate of a block of units can bring a contract claim against builder Devine in its own name, finding that parliament did not intend to import the technical legal meaning of ‘subrogation’ into legislation governing owners corporations.

An appeals court has revived a legal challenge by traditional custodians against Adani’s Carmichael open cut coal mine in Queensland.

The liquidators of the offshore oil company that ran the LamCor oil field off the coast of Darwin have won more time to seek funding to pursue claims against the Commonwealth. 

The developer of a $50 million apartment complex in Brisbane’s West End has lost its bid to add a new claim to its case against builder Devine, with a judge saying the developer was attempting to tell a “fundamentally different story” to the existing case, weeks out from trial.

A judge has set aside a tribunal’s refusal of a developer’s application to build a retirement village on land owned by the Federal Golf Club in Canberra. 

An adjudicator's decision in favour of A1 Home Builders for work done on a residential property has been declared void after a court found that a crucial notice had been sent to a misspelled email address. 

A couple has been awarded over $423,000 in damages from a builder for defective work on their $2.8 million Dover Heights home, including water damage and mould.

Builder Maxcon, financier Maxcap and mortgage broker ACMC are caught up in litigation over certificates of title underlying collapsed developer APH Holding’s $320 million Wellington Health precinct in Melbourne's Box Hill.

An appeals court has handed BHP a win in a dispute with Aquila Steel over the boundary between their neighbouring mining tenements, rejecting Aquila’s “fanciful” argument about the construction of a 58-year-old document.

A court has granted gold milling company Golden Mile leave to redraft its statement of claim in a dispute against Lakewood Mining over Lakewood’s alleged conversion of fresh waste rock.