Just back from the Society of Construction Law’s 2015 Conference in Melbourne. Brilliant.
There were some excellent papers. Everyone will have learned some really useful stuff; I certainly did. But we also had some good fun.
Yesterday evening, I participated in the dinner debate at the Fox Car Museum. Who is more useful, lawyers or experts? Never have I been involved in such a rigged Continue reading
I posted last month about the question of whether an insolvent company may avail itself of the security of payment legislation; see Support for the Bust? It was a topical question because of the increasing number of liquidators who are now seeking to use the legislation, and I concluded that the answer is “no” based on a decision of Young CJ in Eq in and Brodyn Pty Ltd v Dasein Constructions Pty Ltd some 11 years ago. Little did I know that on the very same day as I put that post up, Justice Vickery was busy coming to exactly the same conclusion in Victoria in Facade Treatment Engineering Ltd the Brookfield Multiplex Constructions Pty Ltd  VSC 41.
There were some who doubted my conclusion in a LinkedIn discussion, but this latest decision seems to drive a very firm nail into the coffin of liquidators who seek Continue reading