Skip to main content

Claims in Australia

ArticlePlaceReviewed
Extension of time in AustraliaAustralia rejected Gaymark and enforces time bars, but two states now let a tribunal strike an unfair one out. Security of payment runs state by state.AustraliaSeptember 1, 2026
Prevention and time at large in AustraliaTime at large has been declined repeatedly since Gaymark. The orthodoxy is that a contractor who fails to claim an extension keeps the completion date.AustraliaSeptember 1, 2026
Concurrent delay in AustraliaAS 4000-1997 apportions overlapping delay and AS 2124-1992 denies it. The form decides the answer, and 84% of forms are amended.AustraliaSeptember 1, 2026
Notice and time bars in AustraliaTime bars are enforced, with a new exception: Western Australia since 2022 and Victoria since 2025 can strike out a notice provision that is unfair.AustraliaSeptember 1, 2026
Liquidated damages and penalties in AustraliaAndrews means a stipulation can be struck without any breach at all, and Paciocco puts Australia further from England than before Cavendish.AustraliaSeptember 1, 2026
Prolongation and delay costs in AustraliaNo formula jurisprudence. Australian courts want actual cost proved contemporaneously, which is what most prolongation claims cannot produce.AustraliaSeptember 1, 2026
Global claims and total cost in AustraliaWhat a global claim has to plead in Australia, why Cessnock is not the delay authority it is cited as, and where the total-cost route still fails.AustraliaSeptember 1, 2026
Acceleration in AustraliaThere is no constructive acceleration doctrine. The claim is breach of the Superintendent's duty, and pleading the American doctrine loses it.AustraliaSeptember 1, 2026
Delay analysis methods in AustraliaFour decisions, four positions, thirteen years. Alstom, White Constructions, V601 and Santos v Fluor disagree on what a method has to be.AustraliaSeptember 1, 2026
Records and expert evidence in AustraliaConcurrent evidence, the Harmonised Expert Witness Code, and why White Constructions turned on records rather than on methodology.AustraliaSeptember 1, 2026
Limitation and long-stops in AustraliaSix years almost everywhere, three in the Northern Territory, and a ten-year building long-stop in Victoria that substitutes rather than sits alongside.AustraliaSeptember 1, 2026
Security of payment in AustraliaEight regimes, two models, and the question that decides a delay claim: whether an extension of time is adjudicable at all in that state.AustraliaSeptember 1, 2026
Claims in Australia · Storia