Construction Reform: The new Queensland Building and Construction Commission
The Queensland Building Services Authority Amendment Act 2013 (Act) took effect on 29 August 2013.
6 September 2013
The Queensland Building Services Authority Amendment Act 2013 (Act) took effect on 29 August 2013.
When liquidators are appointed to a company, unsecured creditors often don’t take much of an interest in the liquidation process, immediately assuming all is lost.
Organisations carrying out work in the mining industry may need to rethink their payment arrangements following the recent Supreme Court case of Agripower Australia Ltd v J & D Rigging Pty Ltd & Ors [2013] QSC 164.
recent Supreme Court of Queensland case of Matrix Projects (Qld) Pty Ltd v Luscombe has seen yet another adjudicator’s decision under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) successfully challenged.
The recent Federal Court decisions of Australian Competition Consumer Commission v Jewellery Group Pty Limited and Australian Competition Consumer Commission v Jewellery Group Pty Limited (No 2) illustrate why caution is needed when advertising price reductions.
Bank of Queensland Ltd (BOQ) held a FinancialGuard Professional Services Insurance policy (the policy) with Chartis Australia Insurance Ltd (Chartis). BOQ made a claim on the policy after proceedings were commenced against it by a third party for breaches of the Australian Securities and Investments Commission Act 2001 (Cth), Fair Trading Act 1989 (Qld) and Trade Practices Act 1974 (Cth) (the third party claim).
It is well known that challenging decisions made by adjudicators under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) is very difficult.
The scales of costs in the Magistrates, District and Supreme Courts of Queensland have been increased by 4.9% to account for changes in the consumer price index since the last adjustment in 2010.
The recent decision of Livesay v Hawkins [2012] QSC 122 is a timely reminder of the importance of notifying insurers of potential claims. It shows how even equivocal letters of complaint can amount to a ‘claim’ that requires notification.
A Victorian Supreme Court judge has delivered a pointed reminder about the rules on orders for recovery of legal costs in litigation.
When a commercial tenant moves out, it is not uncommon for the landlord and tenant to come to an arrangement about the outgoing tenant’s make-good obligations that takes account of the incoming tenant’s fit-out requirements. For example, the parties will often agree that, instead of restoring the premises to their original condition, the outgoing tenant can simply make a financial contribution to the incoming tenant’s fit-out.
Despite growth in the excess insurance sector, the rights of excess layer insurers are yet to be fully canvassed by Australian courts.