Have you been denied procedural fairness....

Have you been denied procedural fairness....

In Rogers Construction Group Pty Ltd v Mirage Interiors & Construction Pty Ltd [2024] NSWSC 1344 (25 October 2024), the Supreme Court dealt with an application to set aside an adjudication determination on the basis of denial of procedural fairness. Rogers...

What is a “cross-claim” under the NSW Se....

On 10 October 2024, the New South Wales Court of Appeal delivered judgment in Kennedy Civil Contracting Pty Ltd (subject to deed of company arrangement) v Linx Constructions Pty Ltd [2024] NSWCA 243.  The judgment concerned a Local Court judgment entered under section...

The importance of serving an Adjudicatio....

The hard work of preparing an adjudication application does not end once you lodge it with an adjudicator.  You must copy and then serve the application on the respondent.  The question of what constitutes a “copy” and “service” of an...

What is proper service under the Securit....

Payment claims are an important tool available under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘SOPA’) to enable people who carry out construction work or supply related goods and services to recover money owed to them under a contract...
Abuse of process and the Security of Pay....

Abuse of process and the Security of Pay....

Reminder: “Pay now, fight later!” The right to be paid under the Security of Payment Act is “interim” in nature.  A claimant who succeeds at an adjudication under the SOP Act can take steps to enforce the determination as a judgment.  The SOP...