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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 26, 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 26, 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 27, 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 26, 2026
Variation claims in Australia: AS 4000, AS 2124 and the 2026 changesWho directed the work, in writing and before when; why approving a 'variation' does not make one (Kaloriziko, 2025); the AS 4000 pricing ladder; and Victoria's 2026 security-of-payment changes.AustraliaSeptember 26, 2026
Oral variations in Australia: why Rock Advertising never crossedA writing clause cannot stop the Principal and Contractor agreeing a variation orally. But under AS 4000 cl 36.1 an oral instruction is not a direction, so the claim must be proved as an agreement or estoppel with the Principal.AustraliaSeptember 26, 2026
AS 4000 deemed variations and latent conditions in AustraliaAustralia has no constructive-change doctrine. What it has is contractual deeming: latent conditions priced as Variations under AS 4000, the 2025 edition's reported additions, and AS 2124's different measure.AustraliaSeptember 26, 2026
AS 4000 variation pricing: how to value a variation in AustraliaAS 4000 cl 36.4 prices a variation by prior agreement, contract rates, a priced schedule, then reasonable rates. Kaloriziko (2025): pricing a non-variation does not make it a variation.AustraliaSeptember 26, 2026
Variation notice templates for AS 4000 and AS 2124Five letters: request the Superintendent's written direction, notify a Variation, notify a latent condition, give the AS 2124 cl 46.1 notice, and submit the price. Plus which to send when, and the records behind each.AustraliaOctober 6, 2026
Claims in Australia · Storia