The Federal Court of Australia decision held that the QBCC does not have unlimited power to impose conditions on a building licence. The case of Cadia Holdings Pty Ltd v Downer EDI Mining before the New South Wales Supreme Court is the first in New South Wales to considers the so-called 'mining exception' under s5(2)(b) of the NSW SOP Act. Other important decisions in this publication highlight the proper course when seeking to review claims approved by the Queensland Building and Insurance Commission or seeking relief through judicial review, the importance of ensuring pleaded allegations are properly grounded in the context of applications for further disclosure and the validity of linked claims regimes included in PPP and other major project contracts. Other matters of interest relate to the proper construction of what is a 'major defect' under the Home Building Act in New South Wales, the valid service of payment claims by email in Victoria even in circumstances where the contract says otherwise, the importance of clear scopes of engagement and clearly drafted qualifications, departures or exclusions from scopes of work in construction contracts, the importance of clearly drafted payment clauses referencing exactly when a payment claim can be made, and the importance of exercising caution when issuing correspondence to subcontractors to avoid variation claims.

If there is anything in particular you would like us to cover in our upcoming February edition of CLU, please get in touch!