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ARTICLE · 19 JUNE 2017

Projects Disputes In Australia: Recent Cases - June 2017

Jones Day
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Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries.

AustraliaReal Estate and Construction
Steven Fleming
Steven Fleming
James Ebert
James Ebert
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Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some of the decisions bring welcome clarity, while others leave open important issues which stakeholders should be wary of.

High Court of Australia

Case: Southern Han Breakfast Point Pty Ltd (in liq) v Lewence Construction Pty Ltd [2016] HCA 52

In its first decision on Security of Payment legislation (in this case, on the "East Coast" model), the High Court has ruled that a payment claim (and consequent adjudication) can be set aside as invalid where there is no reference date for the payment claim.

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