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Catchwords are the way in which we classify reports into a consistent taxonomy.

Jurisdiction(3 results)

Reports matching this catchword classification

Garde-Wilson v Legal Services Board19 VR 398

[2008] VSCA 43·(Court of Appeal) (2008) Buchanan, Nettle and Dodds-Streeton JJA·19 Mar 2008·24p·

Administrative law - Judicial review - Jurisdiction - Legal Practice Board - Solicitor - Practising certificate - Renewal - Refusal - Board satisfied solicitor not fit and proper person - Statutory maximum period for disposing of renewal application - Delay in making decision - Whether decision void - "Until the application has been finally determined" - Legal Profession Act 2004 (No 99) ss 2.4.5(3), 2.4.12(2)

Administrative law - Judicial review - Remedies - Discretion to refuse - Adequate alternative remedy - Merits review - Victorian Civil and Administrative Tribunal - Pending application - Nature and scope - Alleged lack of natural justice by decision maker - Judicial review not precluded by availability of merits review.

Metacorp Australia Pty Ltd v Andeco Construction Group Pty Ltd and Others30 VR 141

[2010] VSC 199·Vickery J·17 Jun 2010·59p·

Building contracts - Progress payment - Statutory entitlement - Claim - Validity - Referral to adjudicator - Whether delivered prematurely - Time for response - Whether taking of work out of hands of contractor affected entitlement to payment for previous work - Building and Construction Industry Security of Payment Act 2002 (No 15) ss 14(1) 15(4) 18(1)(a) 21(2B) 22(5)(a)

Building contracts - Construction - Practice and procedure - Service on superintendent - Service by email - Building and Construction Industry Security of Payment Act 2002 (No 15) s 50 - Amended Australian Standard General Conditions of Contract AS2124-1992 cll 2 7 9 14 15 18 21 22 23 42 43 44 50

Administrative law - Judicial review - Jurisdiction - Onus to establish excess of jurisdiction - Reception of new material - Procedural fairness - Content - Adjudicator not permitting further submissions by principal to new material filed by contractor - Supreme Court (General Civil Procedure) Rules 2005 O 56.

Roberts Construction Group PL v Drummond Carpentry Services Pty Ltd74 VR 346

[2024] VSC 246·Niall JA·16 May 2024·Supreme Court of Victoria25p·Vol 74 VR Pt 3

Administrative lawJudicial review — Jurisdiction — Building contract — Payment claim — Adjudication determination — Whether question of services provided under contract a jurisdictional fact — Response to payment claim without substantive reason for withholding payment — Whether response constituted a payment schedule — Whether notice of intention to apply for adjudication given — Whether requirement that notice advise of rights — Building and Construction Industry Security of Payment Act 2002 (Vic), ss 14, 15, 18