The item you have requested is not currently available in English and you have been redirected to the next available page. You may use your browser's back button to return to the item you were viewing.
Country desks feature Dentons lawyers in one jurisdiction with a particular focus or experience in another jurisdiction.
Learn more about our Canada capabilities
Learn more about our United States capabilities
Learn more about our Latin America and the Caribbean capabilities
Learn more about our Europe capabilities
Learn more about our United Kingdom capabilities
Learn more about our Central and Eastern Europe capabilities
Learn more about our Russia, CIS and the Caucasus capabilities
Learn more about our Africa capabilities
Learn more about our Middle East capabilities
Learn more about our Central Asia capabilities
Learn more about our China capabilities
Learn more about our ASEAN capabilities
Learn more about our Asia Pacific capabilities
Learn more about our Australia capabilities
At Dentons, we bring together top tier talent found at the intersection of geography, industry knowledge and substantive legal expertise. Start by clicking here
More than 225 Dentons lawyers recognised across 99 categories of The Legal 500 UK 2018
Dentons is pleased to announce that the Firm has been ranked in 99 categories in the 2018 edition of The Legal 500 UK, and a total of 226 Dentons lawyers have been recognised across their respective practice areas.
When a cancellation isn’t a cancellation: Cancelling an insurance policy under the Alberta Insurance Act
When it comes to cancelling an insurance policy, both insurers and insureds need to complete the mandated steps.
"Gay marriage" cake: refusal to supply was not discriminatory
In Lee v. Ashers Baking Company Limited and Others, the Supreme Court considered whether a bakery's refusal to supply a cake with a slogan supporting gay marriage was discriminatory on the grounds of sexual orientation or political opinion
Federal autonomous vehicle legislation could get a lame-duck boost
Should Democrats take control of the US House of Representatives, the effort to pass federal autonomous vehicle legislation may be kicked into overdrive.
IRS issues cost of living adjustments to retirement plan limits
The IRS has issued its 2019 cost of living adjustments to retirement plan limits.
Starting your career as a student at Dentons exposes you to a world of experience and opportunities
With 172 locations in 76 countries, Dentons is home to top-tier talent that is found at the intersection of geography, industry knowledge and substantive legal experience. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world.
Dentons ranked across 66 practice areas in Chambers UK 2019 with leading individuals recognised in 110 categories
Dentons is pleased to announce that it has been recommended across 66 different practice areas by Chambers & Partners in the Chambers UK 2019 guide.
Dentons launches Market Insights publication: “Digital Transformation and the Digital Consumer”
Dentons, the world’s largest law firm, has launched a new Market Insights publication entitled “Digital Transformation and the Digital Consumer”, which examines the legal implications of the online economy.
Dentons celebrates successful first year following merger with Maclay Murray & Spens
Dentons is pleased to celebrate the first anniversary of the Firm's combination with Maclay Murray & Spens, creating a UK footprint of six offices: three in England (London, Milton Keynes and Watford) and three in Scotland (Glasgow, Edinburgh and Aberdeen).
In Parkview Constructions Pty Limited v Total Lifestyle Windows Pty Ltd1, the Supreme Court of NSW recently found that the delivery of copy of an adjudication application under the Building and Construction Industry Security of Payment Act 1999 (Act) saved on a USB enclosed under a covering letter was not alone sufficient to effect service under the Act. Service only occurred when the respondent accessed the documents on the USB (which in this case occurred a day after delivery). The reasoning will also apply to service of other documentation under the Act, including payment claims, payment schedules and adjudication responses.
The delay between delivery and access can be very significant in the context of the short timeframes imposed by the Act. Indeed in this case the delay resulted in the determination being found to be void for jurisdictional error and lack of procedural fairness.
The decision turned on whether delivery of a USB constituted delivery of the adjudication application "in writing". The Court found it did not. Hammerschlag J reasoned that the USB itself did not represent or reproduce the words of the adjudication application, being "only a small piece of plastic, perhaps with some circuitry on it." The USB was described as "a device which, if actioned, is capable of representing or reproducing what is stored on it in visible form", and in this way found to be analogous to provision of a file-share link, ie. an object (in this case physical) that if "actioned" by the recipient through use of a compatible computer would allow the recipient to become aware of the content. Following the Queensland Supreme Court decision in Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd2, the Court held that the time at which the respondent accessed (as opposed received) the USB was the time at which it was served.
The rationale presented for this finding is that there should be no assumption that the recipient has the technology to access the USB3. This does not sit particularly well with modern construction industry practices. Further, delay in accessing documents served by USB or file-share link (i.e. Box, Dropbox or the like) may be motivated by the recipient being aware that the delay will assist it in avoiding the application of the Act. The lack of compatible technology rationale and emphasis on receipt of a document "in writing" also jars somewhat with the earlier judicial guidance that ‘actual service does not require the recipient to read the document4.
Nevertheless, until such time as there are amendments to the Act, parties relying upon it need to understand the risks involved with electronic service and service by USB. Provided it is properly documented, delivery of printed documents (whether to the recipient personally or to the recipient’s ordinary place of business during normal business hours) with acknowledgement of receipt, when available, remains the safest method of service available under the Act5. Stakeholders need to be aware that service by electronic means, whether by facsimile, email etc, while allowing greater efficiencies in terms of printing and productive use of the Act’s very limited time frames can, if not handled carefully, easily lead to complications and litigated challenges.
1.  NSWSC 194↩
2.  1Qd R 265↩
3. See  - to access information on a USB stick, the recipient must have compatible technology. This cannot be regarded as an inevitability, even today.↩
4. See  of Conveyor & General Engineering Pty Ltd v Basetec Services Pty Ltd↩
5. Service by post, facsimile, or other methods permitted under the construction contract are other methods permitted under section 31(1) of the Act.↩
The URL of this tweet is below. Copy it to easily share with friends.
Add this Tweet to your website by copying the code below. Learn more