Articles

Kreisson

Posted Sep 29, 2017 Caveatable Interest and Priority Notices
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What is a Caveat? Caveats serve as a very powerful and useful tool to use as a means of protecting a person or entity’s interest in land. However they must be used correctly and only when a Caveatable Interest exists. It acts as a formal and written warning that there is an existing  interest in […]

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Posted Aug 31, 2017 Can a Subcontractor prevent a call being made on a performance bond?
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Case Note: CPB Contractors Pty Limited v JKC Australia LNG Pty Limited [2017] WASCA 123, Performance bonds given by a Subcontractor, usually in the form of a bank guarantee, are an important and integral feature of most major construction contracts. A recent decision of the Court of Appeal in Western Australia has highlighted the reluctance […]

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Posted Jul 27, 2017 Hello from the other side… of the PPS Bill
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The PPS Bill proposing an amendment to the definition of ‘PPS Lease’ in the Personal Property Securities Act has finally been passed – What does this mean for you? WHAT HAS HAPPENED? On 11 May 2017, the Personal Property Securities Amendment (PPS Leases) Bill 2017 was passed by Federal Government. The reforms extend the minimum […]

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Posted Jul 26, 2017 Compulsory Acquisition of Land—How it Works
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Recent media reports regarding the necessary land acquisitions for the proposed Western Harbour Tunnel and Northern Beaches link have once again raised concerns for the many families and businesses which will be displaced. Following the public outcry over the actions of authorities, and the treatment of displaced families and businesses, during the significant land acquisitions […]

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Posted Jun 28, 2017 No liquidated damages does not necessarily mean “no damages”
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When drafting, negotiating or reviewing standard form contracts, some parties (usually the contractor or sub-contractor) often prefer to set the applicable liquidated damages amount at ‘Nil’, ‘zero’ or ‘N/A’, assuming that this will exclude any damages being claimed in the event of late completion of work. Various legal cases in Australia have dealt with the […]

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