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WHS Law Briefing
Welcome to our WHS Law Briefing. This briefing identifies key issues and emerging trends in WHS Law, and details significant legislative and case law developments from February to date in July 2025.
Proving joint ventures: The importance of shared losses
New York Law Journal
United States | Publication | December 20, 2021
Justice Cardozo famously characterized one’s fiduciary duty as imposing: “Not honesty alone, but the punctilio of an honor the most sensitive . . . .” Meinhard v. Salmon, 249 N.Y. 458, 464 (1928). In light of this heightened duty, it is not surprising that parties to disputes arising from commercial relationships often attempt to plead and prove that the parties had entered into a joint venture which, under New York law, imposes a fiduciary duty on the joint venturers. Not only does a joint venture expand the scope of duties owed beyond those that may be available for mere breach of contract, it may also open the door to tort damages, including punitive damages not available for breach of contract.
Download the full New York Law Journal article, "Proving joint ventures: The importance of shared losses."
Recent publications
Publication
Security of Payment Act trumps deemed service provisions
In Roberts Co (NSW) Pty Ltd v Sharvain Facades Pty Ltd (Administrators Appointed) [2025] NSWCA 161, the NSW Court of Appeal has found that, for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SoP Act), a deeming clause providing that a notice given after 5pm is to be treated as having been given and received at 9am on the next business day, does not extend the statutory time period for service of a payment schedule.
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