The Federal Court recently confirmed that the court is entitled to issue a further order subsequent to its final and perfected judgments or orders only in limited circumstances. However, a change or substitution of one form of remedy with another form of remedy ordered in a subsequent application does not amount to variation subject to the facts of each case. This decision reinforces the inherent jurisdiction of the court to grant consequential orders to ensure that justice is achieved.
The existence of arbitration clauses in construction contracts is not uncommon. This article examines the impact of a recent Federal Court decision on whether an arbitration clause or a judgment in default which had already been obtained despite the existence of the arbitration clause took precedence. The decision shows that the courts will not review whether a dispute exists between parties, regardless of whether a judgment in default has been obtained.