Homepage

Building and Construction Security of Payment Act: Assessment of construction work and its value

The validity of an adjudication is conditional upon the adjudicator performing the statutory task of assessing the amount of construction work and its value. In the same case, judicial review in relation to the adjudicator’s alleged incorrect finding of an available reference date was pursued, but only formally in light of Lewence [2015] NSWCA 288.

Lender’s power to seek summary dismissal of a claim not straightforward in the case of alleged penalties

The Supreme Court of Victoria has partly granted an application by a financier, Equity-One, for summary dismissal of a claim brought against it by a borrower/guarantor.  The decision considers the principles applicable to summary dismissal of a claim where allegations of Anshun estoppel and the doctrine of penalties are raised.

The Lost Trust Deed

What should a trustee do if the trust deed governing the trust cannot be found? On what terms does the trustee hold the property? This short article considers these questions in the Victorian context.

Defamation update: Are hurt feelings a trivial matter?

To what extent are a defamation plaintiff’s hurt feelings relevant to the defence of triviality? On 20 October 2016, the majority of the Queensland Court of Appeal in Smith v Lucht [2016] QCA 267 definitively answered this question: the plaintiff’s hurt feelings are not relevant to the defence.