Professor Les McCrimmon of William Forster Chambers appeared for the Respondent in the NT Court of Appeal in Want v Blackbear (NT) Pty Ltd [2014] NTCA 3. The appeal related to the termination of a building contract, and in particular the wording of the notice required to terminate such a contract. The Respondent successfully argued that the…
ONE CIRCUIT SAL It may come as a shock to some readers that there are now mandatory criminal sanctions for beating up members of your family more than once after the Court has ordered you not to do it. Some may even be shocked to find out that this has not always been the case….
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,…
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…