When is “practical completion....

Aug 21, 2017

In the recent NSW Court of Appeal decision of Abergeldie Contractors Pty Ltd v Fairfield City Council [2017] NSWCA 113 the Court of Appeal determined that, under an amended AS4000 construction contract, the date of “practical completion” was the date the...

Foreign Affairs: When Bankrupts have ass....

Aug 17, 2017

In the recent decision of Talacko v Bennett [2017] HCA 15, the High Court considered whether a judgment creditor of a bankrupt could apply for a certificate under section 15 Foreign Judgments Act 1991 (Cth) (FJA) with respect to a judgment against a bankrupt, for the...

Secured Creditors and Bankruptcy: Can yo....

Aug 16, 2017

In the recent decision of Morris Finance Ltd v Brown [2017] FCAFC 97, the Full Court of the Federal Court of Australia gave some useful commentary regarding whether an equitable charge holder requires leave of the court to bring a proceeding to enforce its security...

SOPA Update: Electronic Service Changes

Aug 7, 2017

Contractors beware, the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 recently received Assent by the New South Wales Parliament, the effect of which enacted the Electronic Transactions Legislation Amendment (Government...

Competing assignments in the context of....

Aug 4, 2017

The time of service of a notice of claim on a principal under the Contractors Debts Act 1997 (NSW) (CD Act) is critical, particularly where the debts of the defaulting contractor have been assigned.  The Supreme Court of New South Wales in West Tankers Pty Limited v...