Drafting and negotiating contractual clauses to limit or exclude the liability of one party to the other can be tricky. And the financial consequences of getting it wrong can be very significant indeed. This paper looks at the issues involved and provides practical tips on approaching this task.

Construction lawyers got very excited last week, when Australia’s highest court rendered two decisions on the rights of principals to construction contracts to seek judicial review of adjudications made under security of payment legislation — Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd, and Maxcon Constructions Pty Ltd v Vadasz

Want to be a better negotiator? Who doesn’t?! All of us negotiate, every day. And whether it’s over what channel to watch on the television, a salary increase, or a multimillion-dollar business contract, the skills required to achieve good negotiation outcomes are the same.

What should be done to reduce road congestion in Sydney? Owen shares his views at a Grattan Institute panel discussion.

Contractual provisions requiring agreed payments designed to discourage particular behaviours are now more likely to be legally enforceable.

The NSW Government’s vision to create a globally competitive innovation precinct in the Central to Eveleigh corridor provides much needed strategic direction that the Central Station and precinct renewal project has been lacking. But delivery of this vision will require a change to the governance and decision making arrangements for the project.

While Commissioner Hayne’s recommendations are rightly receiving much attention from those involved in the financial services industry, his observations in relation to remuneration, governance and culture will ultimately be seen to have much broader application. They contain important messages for anyone involved in a senior leadership or management role in an organisation, including those outside the financial services industry.

The NSW Government’s response to the Shergold and Weir report into building regulation included an unexpected component - by proposing a new statutory duty of care on all “building practitioners” in favour of owners’ corporations, subsequent residential homeowners and unsophisticated development clients.

High Court winds back the scope of quantum meruit claims under terminated contracts

Our principal, Owen Hayford, presented his highly commended Brooking Prize paper – The duty to warn and the combustible cladding crisis – via a Society of Contraction Law Australia webinar on 11 March 2021.

A copy of the paper and slides can be downloaded via this blog. SoCLA members can also watch a video recording of the webinar via the blog.