Insolvency and bankruptcy in construction
Insolvency or bankruptcy of a party in a construction project can have serious implications and raise difficult legal issues.
Indemnity clauses in construction contracts
An indemnity clause contains a promise to keep a party free from harm or ensure they suffer no loss in particular circumstances. An indemnity clauses in a construction contract is often the most heavily negotiated part of the contract due to its significant commercial consequences.
Domain name disputes
Domain name disputes arise when a person attempts to register a domain name (website address) for their business or trademark, and someone has already registered that name. Remedies are available via Australian and international dispute resolution policies, and and/or court proceedings.
Building Contracts, regulation and requirements
Whether you are a builder offering to construct domestic or commercial premises, or a land owner or lessee looking to have domestic or commercial premises constructed on your site, such an undertaking is invariable a large scale project, expensive, can be frankly scary and can be attended by many pitfalls for the unwary. Building works; […]
Barred by laches
The doctrine of laches is based on the maxim “equity aids the vigilant and not those who slumber on their rights”. It is an equitable defence that aims to protect a party against unreasonable delay in bringing a case against them.
Application to strike out
Rule 171 of the Uniform Civil Procedure Rules 1999 (Qld) (the UCPR) allows a court to strike out a pleading or part of a pleading in some circumstances. The rule is underpinned by the objective that “a claim should proceed in a timely way and that the rules are to be applied with the objective of avoiding undue […]
