Construction eBulletin - 25 January 2017

In another key decision involving security for payment adjudications, the NSW Court of Appeal unanimously confirmed that adjudications under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Security of Payment Act) can only be set aside by a court if jurisdictional error is established.

In this eBulletin, we review the decision and look at what it means for principals, developers and contractors.  Read more...

Construction eBulletin - 16 January 2017

In December 2016, the High Court handed down its first-ever decision about how the security of payment legislation in Australia should be used to obtain payments. We take a look at the High Court's decision and clarify what it means for principals, developers and contractors.  Read more...

Construction Law eBulletin - 15 December 2016

With the pressure placed on building practitioners to deliver innovative buildings quickly and cheaply, it can often be tempting to install now and ask questions later. However, it is important for designers and builders alike to be aware of the risks posed by the use of defective or non-compliant building products.  Read more...

Construction Law eBulletin - 31 August 2016

Earlier this year, new legislation was introduced by the Victorian government which brings about changes to the regulation of building work in Victoria and aims to enhance consumer protection for domestic building work. We take a look at the changes that will come into effect on 1 September.  Read more...

Construction Law eBulletin - 1 July 2016

Earlier this year the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) was passed, which introduces a number of changes to the regulation of building work in Victoria and aims to enhance consumer protection for domestic building work. In this eBulletin, we discuss the coming changes.  Read more...

Construction Law eBulletin - 1 June 2016

Last week, the Victorian Court of Appeal confirmed that mediation is not a "method for resolving a dispute" under Victoria's Building and Construction Industry (Security of Payment) Act 2002. In this eBulletin, we look at the decision and its implications for parties to construction contracts in Victoria.  Read more...

Construction eBulletin - 16 December 2014

The Queensland government has made changes to the Queensland Building and Construction Industry Payments Act, which significantly changes the way in which parties to construction contracts in Queensland enforce their rights to payment. We summarise the key changes and how they will affect principals, developers and contractors undertaking construction work in Queensland.  Read more...

Projects, Construction & Infrastructure eBulletin - 13 November 2013

In this edition of Milestones we propose a procurement model which would significantly de-risk superannuation fund (and other) investment in greenfield infrastructure projects; we look at the key changes brought about by the NSW Self Insurance Amendment Act 2013; and we discuss recent changes to national legislation regarding the scope of director's liability for environmental offences  Read more...

Projects, Construction & Infrastructure eNewsletter - 4 June 2013

In this edition of Milestones, we look at a recent High Court decision which has changed the application of the "penalty" doctrine; we also discuss the industrial cost of construction, and review the report from a recent independent Inquiry, which has recommended radical reform to contract payments.  Read more...

Corporate eBulletin - 10 May 2013

The recent High Court of Australia decision in Andrews v Australia and New Zealand Banking Group Ltd (*Andrews*) has ramifications well beyond the banking industry. It will have far reaching consequences in all contracts in which a fee or other penalty is imposed, regardless of whether the penalty is tied to a breach of contract or arises in another context, such as termination of a contract.  Read more...

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