My paper on the increasing importance of fraud in challenges to adjudicator’s decisions has just been published in the Australian Construction Law Newsletter. It looks not only at some recent case law, but also at how fraud – as widely defined for this purpose – is remarkably common in this context. The article in full is here; it begins thus:

The recent decision in Sugar Australia v Southern Ocean Pty Ltd [2013] VSC 535, a decision of Justice Vickery on 15 October 2013, sheds some vivid light on the potential importance of fraud in security of payment cases. This paper considers how the law stands in this area, how this case develops the detailed application of the relevant principles, and what the potential avenues are for parties seeking to challenge adjudicators’ determinations on this ground.

A starting point is not hard to find; Continue reading →