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Contract Publications

Building Industry Fairness (Security of Payment) Act 2017 – An Issue of Competing Payment Schedules

7-6-21 / Florence Chen, Damian Clothier KC — Building & Construction, Contract

Kangaroo Point Developments MP Property Pty Ltd v RHG Construction Fitout and Maintenance Pty Ltd & Ors [2021] QSC 30 was an appeal from a decision of the Supreme Court of Queensland. At first instance, the Court held that an adjudication decision (which awarded the sum of AUD 788,439.54 with…

Chapters 10 and 25 in Adrian Zuckerman (ed), Zuckerman on Civil Procedure: Principles and Practice (4th edn, Sweet & Maxwell, 2021; also Supplement 2022))

1-2-21 / Chris Stackpoole — Contract

Chris Stackpoole authored to Chapters 10 ("Interim Remedies") and 25 ("Finality of Litigation") in the 4th edition of Zuckerman on Civil Procedure: Principles and Practice, edited by Adrian Zuckerman and published by Sweet & Maxwell in 2021. A supplement of this book was issued in 2022, and a 5th edition…

On Mitigation (2020) 7 Proctor 10

23-9-20 / Chris Stackpoole — Contract

Chris Stackpoole authored the article 'On Mitigation' published in the Queensland Law Society Proctor journal (2020). In this article, Chris discusses the concept of mitigation and the conventional interpretation of its rules. The piece explores the principals of mitigation across various legal contexts discusses its implications for both claimants and defendants.

Damages in unusual circumstances: special loss arising from a defamation, damages for disappointment and distress and the (un)availability of loss of dependency damages for statutory claims

12-8-20 / Rob Anderson KC, Mark Eade — Contract

In this Level Twenty Seven Chambers webinar Rob Anderson QC and Mark Eade reflected on the state of play for damages claims. They looked at: What the future holds for damages claims in light of Nationwide News Pty Ltd v Rush, Rayney v Western Australia, Wilson v Bauer Media and…

So, you’re telling me there’s a chance: the preparation and presentation of claims for loss of opportunity damages

27-5-20 / Matthew Jones KC — Corporations, Contract

Loss of opportunity cases can present significant challenges, as a party seeks to establish the likelihood of one or more hypothetical scenarios, and the value of an opportunity lost. This presentation detailed a proper approach to a loss of opportunity case, including what must be pleaded and proved to establish…