Construction update — Australia: Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd  WASCA 91
The Western Australia (WA) Court of Appeal has upheld a contractor’s right to enforce, by statutory demand, a judgment obtained following the adjudication of a payment claim under the Construction Contracts Act 2004 (WA).
On 24 April 2014, the WA Court of Appeal confirmed that the statutory demand process is available to enforce a determination and a judgment obtained following the adjudication of a payment claim under the Construction Contracts Act 2004 (WA). The court also clarified the law around the bases upon which statutory demands may be set aside by the court pursuant to the Corporations Act 2001 (Cth).
It is now clear that a statutory demand will not be set aside simply on the basis of a contention that a genuine dispute exists as to the debt, if that debt is based on a determination or judgment obtained under the act. Likewise, only a genuine offsetting claim, sounding in money, with sufficient evidence to establish its existence, will be capable of reducing or setting aside a statutory demand…
Click on the link below to read the rest of the DLA Piper briefing.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
In the midst of the gale-force winds of commentary whipped up by the Google case, we should pause and ask ourselves: just how ground-breaking is this decision?
The shocking news of recent airline disasters brings into sharp focus for employers the sometimes unforeseeable risks facing employees who frequently travel for work.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions