In a recent decision, the High Court of Australia considered the nature of an ‘understanding’ for the purposes of the restrictive trade practices provisions within Part IV of the Competition and Consumer Act 2010 (Cth).
A party to a construction contract with an entitlement to claim damages for breach of contract may also be entitled to claim consequential loss.
Parties to commercial contracts commonly agree on dispute resolution processes to seek to avoid court proceedings in the event of a dispute. These often provide very limited scope for an unsuccessful party to challenge the result. A recent Queensland case illustrates the risks for unsuccessful parties in the context of an expert determination clause.
The digital age has certainly enhanced our ability to convey information, something that is very important in the building and construction industry. However, technology can also create pitfalls, particularly when it comes to claims under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), where compliance with technicalities is critical. The case of Iris Broadbeach Pty Ltd v Descon Group Australia Pty Ltd gives a recent illustration.
Cooper Grace Ward’s litigation and dispute resolution team and lead partner Rocco Russo continue to receive outstanding market recognition having been ranked in the recently released Chambers Global 2024 international rankings.
Business sales are often fertile ground for allegations of contraventions of the Australian Consumer Law, but it will take more than a misleading statement for a court to grant relief. A recent Queensland Court of Appeal case demonstrates a common scenario.
Cooper Grace Ward’s Litigation and Dispute Resolution team has again been ranked among the top Australian practices in The Legal 500 Asia Pacific rankings for 2024.
The Federal Government has announced a new biodiversity certification and trading scheme, with the stated aim to increase native habitat and support Australian landholders.
The decision has significant implications for employers in the construction industry covered by the Code for the Tendering and Performance of Building Work 2016 (Cth) and indicates a greater likelihood of sanctions being applied to employers who fail to comply with their work health and safety obligations.
On Saturday 28 March 2020, the Fair Work Commission made its second determination in an effort to preserve the ongoing viability of businesses and jobs in response to the challenges being experienced by employers and employees as a result of the COVID-19 pandemic.
The states and territories have passed separate legislation restricting domestic interstate travel, which has significant implications for some employers.
Coronavirus has interrupted domestic and international supply chains adversely, affecting the performance of contractual obligations.