This is a short article regarding two dissimilar cases, both of which focus attention on the fact that the boilerplate terms of contracts can have a significant impact on the conduct of construction disputes.
Acknowledging small business, including the retail sector, have been hard-hit during the COVID-19 pandemic, changes to commercial tenancy laws in WA are providing some relief through what is defined as this “emergency period”. Solomon Brothers partner, Chris Williams, provides a summary of these legislative changes and their impact on both landlords and tenants.
While the usual caveats that apply to the impact of decisions refusing to grant summary judgment apply to NRW Contracting Pty Ltd v Cliffs Asia Pacific Iron Ore Pty Ltd  WASCA 2020, there are at least important take-aways from the decision. The fact that it is a Court of Appeal decision also makes it worthy of note.
On 13 August 2019, the Federal Court of Australia handed down its judgment in Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial)  FCA 1244 (“the Liability Trial”).
The recent decision of the Supreme Court of Western Australia in Kilmaley Investments Pty Ltd v City of Wanneroo  WASCA 156 is an interesting development in case law relating to the assignability of a right to statutory compensation.
The main issue concerns a builder’s ability to recover money for the entirety of the work performed on a quantum meruit basis as an alternative to contractual damages where the owner repudiates the contract.