Category: News & Publications
-
Mediation – Negotiate a resolution of your dispute and maintain good relations
Between 11 and 14 September 2014, our principal, Chris Lenz, attended a postgraduate mediation course at the University of Queensland. Having undergone mediation training in 1990 and again in 2002, and having conducted over 80 mediations since then, Chris was amazed at how much mediation had developed over the last 10 years or so. In […]
-
Will some of Forge’s creditors be $50 million richer?
On 26 July 2014 Amanda Saunders of the Sydney Morning Herald reported that KordaMentha, receivers for the Forge Group, were issuing proceedings in the New South Wales Supreme Court seeking control of four gas turbines from APR Energy (“APR”), which had leased the turbines to the Forge Group for power station construction. She stated that […]
-
Bank guarantees not to be used for unliquidated demands, e.g. Damages
Earlier this year, Martin J, in the case of Beyfield Pty Ltd v Northbuild Construction Sunshine Coast Pty Ltd [2014] QSC 12 held that the builder could not call on bank guarantees for its claims for damages against sub contractor for alleged trespass, breach of sub contract, negligent or intentional damage, despite a widely drafted […]
-
Special Offer for May & June 2014!
LEGAL ADVICE FOR A FIXED FEE The GFC and the current uncertain economic climate may mean that your business is not investing for the future. One impediment may be your concern about legal costs. As a profession, lawyers generally charge for work at an hourly rate divided into short time increments. The reason for this […]
-
Expected changes to BCIPA
On 15 April 2014 the QBCC held a briefing (with 3 speakers) at the Convention Centre for adjudicators about the forthcoming legislative changes to the Building and Construction Industry Payments Act 2004 (“ BCIPA”). Andrew Wallace, the barrister appointed by Government to provide recommendations after community and industry consultation, provided a background to the work […]
-
Important recent amendments to the Privacy Act 1988
On 12 March 2014 some very important changes took place to the Privacy Act 1988 (the “Act”). The Australian Privacy Commissioner, Mr Timothy Pilgrim (the “APC”) in a press release on Tuesday, 11 March 2014 said that: “These are the most significant changes to privacy laws in over 25 years and affect a large section […]
-
Subcontractors seeking payment
If you are a subcontractor seeking payment, you can find on our website a free flowchart and printable summary notes about the use of the Subcontractors Charges Act 1974 (QLD) so that you understand one possible avenue to get paid. For your ease of access, we have also provided the Subcontractors Charges Act forms, for your […]
-
Increase profitability?
Lenz Moreton’s principal, Chris Lenz, identifies contract activities where legal input can increase profitability. Click here to see what Chris has to say.
-
Builders Lament – Body Corporate’s Rejoice?
Whilst the case of The Owners – Strata plan number 61288 v Brookfield Australia Investments Ltd [2013] NSW CH 317 is on special leave to the High Court, it is a decision that neatly captures the law of negligence in relation to builders and owners of bodies corporate. Essentially, the Court of Appeal found that […]
-
Void decision is of no effect
Court of Appeal orders return of nearly $30 million to coal miner A contractor, BGC Contracting Pty Ltd (“BGC”) claimed over $35 million for the construction of a dam in Central Queensland, for BM Alliance Coal Operations Pty Ltd (“BMA”), and the claim went to adjudication with the adjudicator awarding a progress claim of over […]