By Cameron Ford*
For the first time since their enactment in 2004, an appellate court has spoken on the construction security of payment legislation of Western Australia and the Northern Territory. In AJ Lucas Operations Pty Ltd v Mac-Attack Equipment Hire Pty Ltd (2009) 25 NTLR 14, the Northern Territory Court of Appeal has expanded the scope for attacks on adjudicators’ determinations and has arguably made a far-reaching ruling rendering of no effect provisions in contracts allowing claims to include amounts outstanding from earlier claims.
The full article can be accessed here: “(In)Security of payments” (2010) 1 NTLJ 165.
* Cameron Ford, Registered Adjudicator; Special Counsel, Downer EDi Ltd, Singapore.