Welcome to the January edition of CBP Focus


Exclusion or limitation clauses in contracts must be clearly drafted

Supreme Court refuses to allow plaintiff to amend pleadings where this would cause defendant prejudice

NSW Court of Appeal finds that builder owes duty of care to subsequent owner

Contractors can make payment claims for construction work on mining leases - Queensland decision overturned

Tribunals system in NSW reformed by establishment of NSW Civil and Administrative Tribunal (NCAT)

Queensland government rolls out first stage in building industry reforms

Supreme Court of NSW refuses to restrain principal from having recourse to bank guarantees following adjudication determination in favour of builder


Sydney waterfront property owners with valid existing use rights can now take out 20 year lease over maritime structures

NSW government invites submissions on review of Retail Leases Act by 7 February 2014

Queensland property buyers who terminate contract during cooling-off period may still have to pay termination fee

Commercial litigation

Interpretation of contracts: the search for the meaning of words

Data security and privacy

New privacy laws, new risks in data security and cloud based IT services

Corporate and commercial

Bad contracting: three common pitfalls when entering into contracts

Energy and mining law

Changes imminent to Queensland overlapping mining tenure framework

Equine law

Agistment of horses: written agreements have benefits for all parties

Transport and logistics

Owner of vessel entitled to retain lien on largely uninsured cargo and consignee liable for expenses

This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2022.

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