In two recent Federal Court decisions in the Darwin registry Reeves J quashed notices to produce issued by an Australian Crime Commission Examiner. The notices were issued to obtain information as part of the Northern Territory intervention. The notices required two Aboriginal health services to produce medical records of children who had sought, inter alia,…
From January 2009 WFC will be running monthly CPD seminars for the profession at Chambers on the last Thursday of each month starting at 5pm. The season will start on Thursday 29 January 2009 at 5pm with a special two hour session on the Construction Contracts (Security of Payments) Act. Click here for details of the…
Justice Dean Mildren rejected the second attempt to get around an adjudicator’s determination under the Construction Contracts (Security of Payments) Act. In his 19 page judgment in Independent Fire Sprinklers (NT) Pty Ltd v Sunbuild Pty Ltd [2008] NTSC 46, Justice Mildren held that, on the basis that the adjudication had been conducted honestly and fairly,…
Justice Steve Southwood upholds a $1.8m determination in the first challenge to the enforcement of an adjudication under the Construction Contracts (Security of Payments) Act. Southwood J rejected the applicant’s argument that any failure to comply with the relevant contract when making a payment claim could be relied upon to establish that the adjudicator had…
We are delighted to announce that Judith Kelly has been appointed the first “SC” or senior counsel in the Northern Territory. Judith was first admitted to the Independent Bar in Queensland in February 1986. She subsequently moved to the Territory to practise law where she became a partner of Morris Fletcher & Cross, Darwin (later…