Download your copy of the December 2017 - February 2018 edition.
You can also access past editions.

In this edition:

Legislative update

Commonwealth

• Government response to the Australian Small Business and Family Enterprise Ombudsman Inquiry
• 2018 brings in updated Commonwealth Procurement Rules

New South Wales

• Building product safety laws came into effect in NSW
• New strata building bond and defect inspection scheme came into effect on 1 January 2018

Victoria

• Victorian Government authorises trial of automated vehicles
• VBA state-wide audit of combustible cladding has commenced

United Kingdom

• UK regulations on fully connected and autonomous vehicles (CAVs) on public roads
• Keeping the lights on: continuity of essential services in UK Government contracts

In the Australian courts

Commonwealth

• What terms may be 'unfair' under the Unfair Contract Laws? | Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224
• The unintentional consequences of omitting 'unintentional' | Certain Underwriters at Lloyd's Subscribing to Contract Number NCP106108663 v Aquagenics Pty Limited (in liquidation) [2018] FCAFC 9
• Pay when entitled not when paid | Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5
  
• High Court rules: To err is human, and permanent for adjudicators' non-jurisdictional errors of law! | Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 and Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

Australian Capital Territory

• Adjudicators can't escape with errors of law in the ACT | St Hilliers Property Pty Limited v ACT Projects Pty Ltd and Simon Wilson [2017] ACTSC 177

New South Wales

• Legally Unreasonable the new Error of Law? | Bouygues Construction Australia Pty Ltd v Southern Cross Electrical Engineering Ltd [2017] NSWSC 1665
• Watch your words – a deed may not be required for an agreement to settle | Buildum Construction Pty Ltd v Pile & Bucket Pty Ltd [2017] NSWSC 1260
• Contractors are still serving multiple payment claims for the same reference date | Falco's Pty Limited v AB Developments (Australia) Pty Limited [2017] NSWSC 1320
• Factor that you may lose your SOPA rights if you Factor | Quickway Constructions Pty Ltd v Electrical Energy Pty Ltd [2017] NSWCA 337

South Australia

• Supreme Court of South Australia expands the grounds of defence relating to an application for summary judgment under the Act | Aalborg CSP A/S v Ottoway Engineering Pty Ltd [2017] SASCFC 158

Tasmania

• Denial of natural justice | Modscape Pty Ltd v Sive [2017] TASSC 71

Victoria

• Victorian Court of Appeal restrains call on security on basis of implicit prohibition in contract | Dedert Corporation v United Dalby Bio-Refinery Pty Ltd [2017] VSCA 368
• An example of when the building of a home does not, under security of payment legislation, make a builder 'in the business of building residences' | Golets v Southbourne Homes & Anor [2017] VSC 705
• Circumstances in which a court will grant summary judgment under Security of Payment Legislation | Maxcon Constructions Pty Ltd v Ily Australia Pty Ltd [2017] VCC 1382 and Maxcon Constructions Pty Ltd v Ily Australia Pty Ltd [2017] VCC 1769
• Guidance from the courts on what must be included in a valid payment schedule | Teleios Group Pty Ltd v Wright Children Pty Ltd [2017] VCC 449
• Does a reference date arise where there is no right to payment under a construction contract | Westbourne Grammar School v Gemcan Constructions Pty Ltd & Ors [2017] VSC 645

Western Australia

• No damages for you – only contractual liability can be claimed under the Construction Contracts Act | Bocol Constructions Pty Ltd and Keslake Group Pty Ltd [2017] WASAT 15
• Respondents failing to participate in adjudications do so at their peril | Certa Civil Works Pty Ltd V Ghosh [2017] WASC 327