Injurious Falsehood is a lesser-known tort when compared to defamation, despite both being causes of action arising from false publications that result in damage. Although defamation proceedings have gathered increasing attention in Queensland in recent times,…
Key Construction Law Updates – September 2024
In the rapidly evolving landscape of construction law, staying abreast of recent legal developments is essential for industry professionals. This 2024 overview is aimed to provide you with key court rulings and legislative changes that have…
Adjudication Power Affirmed: Lessons from the Enderley Gardens Case
The recent decision of Enderley Gardens [2024] QBCCMCmr 60 provides a reminder of the power of an adjudicator to determine liability in bodies corporate disputes, irrespective of the nature and quantum of the orders claimed. The…
Recent Changes to the Running Account Defence to an Unfair Preference Claim
The recent High Court decision in Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (“Bryant”) has abolished the ‘Peak Indebtedness Rule’ and significantly altered the application of the ‘Running Account’ Defence to unfair preference…
Liability After Deregistration – What Directors of Building Companies Need to Know About the Statutory Insurance Scheme
As a director of a building company, you can’t overlook your personal liability, especially when your company is deregistered. This article dives into a recent Queensland District Court decision that highlights how your personal assets could…