Legislative updates

Western Australia

• Arrival in 2020: WA's New Security of Payment Regime | Reforms to the Construction Contracts Act 2004 (WA)

In the Australian courts

New South Wales

• If you want security of payment, an 'other arrangement' must give rise to a legally binding obligation | Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685
• Adjudicators – what is required to determine the 'reasonable value' of work? | Iskra v MMIR Pty Limited [2019] NSWCA 126

Queensland

• No 'internal Appeals Tribunal' to hear from the Appeal Tribunal of QCAT | Alderton & Anor v Wide Bay Constructions Pty Ltd [2019] QCA 84
• Courts will not lightly grant an injunction to prevent a principal from calling on security | Built Qld Pty Limited v Pro-Invest Australian Hospitality Opportunity (ST) Pty Limited as Trustee for the Pro-Invest Australian Hospitality Opportunity (BRF Springhill) Trust [2019] QSC 108
• Solar farms do not need to be installed by licensed electricians | Maryrorough Solar Pty Ltd v The State of Queensland [2019] QSC 135

Victoria

• When is a building owner 'in the business' of building domestic buildings? | BWAY v Pasiopoulos [2019] VCC 691

Western Australia

• The importance of pre-contractual negotiations as projects unfold | AGC Industries Pty Ltd v Karara Mining Ltd [2019] WASC 140
• Parent Company Guarantees and Performance Bonds: Are the lines blurred? | JKC Australia LNG Pty Ltd v CH2M Hill Companies Ltd [2019] WASC 177

In the Hong Kong courts

• Think twice before submitting an incomplete notice of claim | Maeda Kensetsu Kogyo Kabushiki Kaishaalso known as Maeda Corporation and another v Bauer Hong Kong Ltd [2019] HKCFI 916