If a claimant makes a payment claim under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), they have, upon receiving the respondent’s payment schedule or the expiration of the time available to the respondent…
When is information confidential and what can I do to protect it?
Even if a contract does not expressly say so, anyone who receives information of a confidential nature in circumstances of confidence cannot, without permission, use that information to the detriment of the person who has communicated…
When Should You Exercise Forensic Judgment?
The answer is, at all times. There are two reasons why lawyers must constantly exercise forensic judgment in proposing and conducting proceedings in court and avoid acting as your mouthpiece. First, rule 17.1 of the Australian…
What ‘must not’ an adjudicator do?
Adjudicators appointed to adjudicate on payment claims under the Building Industry Fairness (Security of Payment) Act 2017 are subject to certain limitations and they are prohibited from considering certain matters in the decision-making process. The Supreme…
No contract? No problem!
Creditors owed money are sometimes concerned that they cannot recover the amount owed because there is no contract between themselves and the debtor. The initial conversation with their lawyer usually involves the following “it was not…