Skip to content

Federal Court Dispute Resolved: Builder Recovers Settlement Plus Interest and Costs

Lawyer-in-charge: Melissa Care, Tiffany Craig

The Client

Our client was a builder who became involved in Federal Circuit Court proceedings after being accused of copyright infringement in relation to building plans used during a residential construction project.


The Situation

The proceedings were initially brought against our client despite the plans in question having been provided by the homeowner, who had engaged a separate architect. It later emerged that the plans supplied to our client had been copied from another architect’s work, without our client’s knowledge.

At mediation in June 2025, the matter resolved by way of settlement. Under the terms of the Deed, the homeowner agreed to indemnify our client and pay a settlement sum in their favour. However, despite the agreement, the other party failed to pay the settlement amount by the agreed deadline.

Our Litigation team promptly commenced interlocutory proceedings to enforce the Deed of Settlement and sought additional orders for interest and the legal costs incurred as a result of the non-payment.


The Result

The Court agreed with our position and made orders enforcing the settlement in full. In addition to awarding our client the original settlement sum, the Judge ordered the other party to pay interest and our client’s post-mediation legal costs.

As a result, our client recovered the settlement amount plus an additional $32,000, without having to recommence substantive proceedings.

Contact Melissa Care


Contact Melissa today to chat about your Commercial, Local Government and Employment Law matters.