For those of you working within the renewables space, a recent decision from the Queensland Court of Appeal has confirmed that solar farms do not need to be installed by licensed electricians. For others wanting to know the latest and greatest in all things security of payment, decisions in Queensland, New South Wales and the Northern Territory confirm the requirements of valid of payment claims, suggest that courts will not find that an adjudicator has breached natural justice lightly and provide that conduct when dealing with payment claims and adjudication applications can be evidence of the existence of a payment dispute.

In the Australian courts

Commonwealth

• Binding Nemo: when is an agreement binding? | ACME Properties Pty Ltd v Perpetual Corporate Trust Limited as trustee for Braeside Trust [2019] FCA 1189
• A contractor is entitled to be paid the time-based costs of carrying out a variation, notwithstanding an express exclusion of delay costs | Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049

New South Wales

• Cross-claims against concurrent wrongdoers – the door is still open | Landpower Australia Pty Ltd v Penske Power Systems Pty Ltd [2019] NSWCA 161
• Staircase to heaven? A reminder that development approvals are permissive not mandatory and an interim occupation certificate is sometimes enough | Pollak v Yapp [2019] NSWCA 150
• You can't have your cake and only read every second page | Rhomberg Rail Australia Pty Ltd v Concrete Evidence Pty Limited [2019] NSWSC 755
• So tell me why, give me good reasons … a claimant needs to know | Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171
  Queensland
• Courts will not lightly find an adjudicator has breached natural justice | ABC Glass & Aluminium Pty Ltd v Nik Nominees Pty Ltd & Anor [2019] QSC 171
• Implied contractual duty of good faith and fair dealing triumphs | Aurizon Network Pty Ltd v Glencore Coal Queensland Pty Ltd & Ors [2019] QSC 163
• An arbitration clause may render clauses allowing court proceedings unenforceable | Bulkbuild Pty Ltd v Fortuna Well Pty Ltd & Ors [2019] QSC 173
• Contractors and subcontractors must ensure both a safe place of work and a safe system to work | Cootes v Concrete Panels & Ors [2019] QSC 146
• Failing to adequately identify construction work will be fatal to a contractor’s payment claim | KDV Sport Pty Ltd v Muggeridge Constructions Pty Ltd & Ors [2019] QSC 178
• Implied duties to cooperate in loan agreements | Lake Laurel Pty Ltd & Ors v Nichols Constructions Pty Ltd & Ors (No 2) [2019] QSC 145
• Court of Appeal confirms that solar farms do not need to be installed by licensed electricians | State of Queensland v Maryrorough Solar Pty Ltd [2019] QCA 129
• 'Building Contract Tie In Deed' does not create separate indebtedness to a lender or builder | Wilkes & Anor v DC Construction Services Pty Ltd [2019] QSC 117

Northern Territory

• Check my authority! Authority essential in creating a binding contract | Halikos Hospitality Pty Ltd & Ors v INPEX Operations Australia Pty Ltd [2019] NTSC 10
• Conduct in dealing with payment claims and adjudication applications can be evidence of the existence of payment disputes | Jemena Northern Gas Pipeline Pty Ltd v Civmec Constructions & Engineering Pty Ltd and Smith [2019] NTSC 52