Top 5 Cases 2024

Our construction law experts present on five notable Australian cases of the year, including the practical implications of those decisions on construction industry participants.

The cases cover the following issues:

• proportionate liability in arbitration – the High Court’s landmark decision that the statutory proportionate liability regime applies to arbitration proceedings, and the implications of that decision on dispute resolution procedures under construction contracts
• proportionate liability – non-delegable duty of care – the NSW Court of Appeal’s decision that defendants sued for breach of their statutory duty of care under s37 of the Design and Building Practitioners Act 2020 (NSW) cannot rely upon the statutory proportionate liability regime to reduce their liability
• security of payment and performance security – whether a payment claim submitted to recover the proceeds from a cashed bank guarantee falls within the scope of the security of payment regime
• LDs and exclusion of common law damages for delay - whether an aggrieved party’s common law right to claim damages for breach of contract for delayed completion will be excluded where the contract provides for liquidated damages in a trifling amount such as $1 per day,
• security of payment jurisdictional error – this case provides clarity on how the proceeds of bank guarantees should be dealt with in security of payment claims, together with an examination of enforcement issues and the sufficiency of reasons required to be given by an adjudicator, and
• scope of the s.37 statutory duty of care – guidance as to whether a developer and / or builder has substantive control over, and is vicariously liable for the negligence of, its consultants and professional advisors.

Speakers:

• Alex Whiteside - Partner
• Daniel Vicano - Partner
• Glen Warwick - Partner
• Chloe Blackwell – Special Counsel
• Emilee Clark – Senior Associate
• Mark Challita – Associate
  
   

CPD Information

We consider this seminar will be eligible for 1 CPD unit. Please ensure this meets the requirements within your jurisdiction. To find out more, visit our CLE Library.

Recommended CPD category:

Substantive law (NSW/Vic/WA/Qld) | Core Area 4 - Substantive law and procedural law (ACT)]

This session was recorded on 5 December 2024. 

The contents of this session may not be current as at the date of accessing this webinar. Our events are intended to provide general information and do not constitute legal advice.

Disclaimer:  You must check the professional requirements applicable in your own jurisdiction to ensure that the webinar content and activity format is eligible for CPD units in a given CPD year.  Please refer to guidance here.
The contents of this webinar may not be current as at the date of accessing this webinar. Our webinars are intended to provide general information and do not constitute legal advice.