Case Notes:  Arbitration, Adjudication, and Construction Law

Arbitration Case Notes:

Adjudication Case Notes:

"John Holland Pty Ltd v Chidambara - Denial of Natural of Justice and Jurisdictional Error in Adjudication Proceedings"

A case note on the 30 June 2017 Supreme Court of Western Australia decision in John Holland Pty Ltd v Raj Chidambara and Anor  ([2017] WASC 179), in which the Court quashed an adjudicator's determination under the Construction Contracts Act 2004 (WA) on the grounds that there had been a substantial denial of natural justice, and that the adjudicator made a jurisdictional error.  The decision on procedural fairness involves very similar circumstances to Kelly J's decision in the Supreme Court of Northern Territory in Inpex Operations Australia Pty Ltd v JKC Australia LNG Pty Ltd ([2017] NTSC 45) handed down two weeks earlier.  In both cases, the adjudicator implied a term from the respective legislation in circumstances where neither party contended that such a term should be implied.

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"Claims for Damages 'Under a Construction Contract' in Adjudication Proceedings"

A case note on a January 2017 Western Australian State Administrative Tribunal's decision in Bocol Constructions Pty Ltd and Keslake Group Pty Ltd ([2017] WASAT 88) relating to adjudication proceedings under the Construction Contracts Act 2004 (WA), in which the Tribunal considered the issues of a damages claim, and whether the adjudication application should have been dismissed for complexity.

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"Inpex Operations Australia Pty Ltd v JKC Australia LNG Pty Ltd - Denial of Natural Justice in Adjudication Proceedings"

A case note on the 15 June 2017 Supreme Court of Northern Territory decision in Inpex Operations Australia Pty Ltd v JKC Australia LNG Pty Ltd ([2017] NTSC 45), in which the Court quashed an adjudicator's determination under the Construction Contracts (Security of Payments) Act 2004 (NT) on the ground that there had been a substantial denial of natural justice.  The Court's decision and reasoning provides further guidance for parties and adjudicators on the content of an adjudicator's obligation to comply with the principles of natural justice.

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Construction Law Case Notes: