Clarification of payment claims following the High Court's first ruling on security of payment legislation

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...

Further changes to Victoria's building laws come into effect on 1 September 2016 and still more changes are on the way

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...

High Court to hear appeal in Southern Han Breakfast Point security of payments case - analysis for legal professionals

The High Court has granted leave to appeal against a controversial decision of the NSW Court of Appeal, in which an adjudicator's finding that a reference date arose after a construction contract was terminated was held not to be appealable. The appeal will be the first security of payments case ever heard by the High Court.
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Changes to Victoria's building laws come into effect on 4 July 2016 and further changes are on the way

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...

Court of Appeal confirms that mediation is not a "method for resolving a dispute" under the Victorian Security of Payment legislation

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...

Significant changes to the Queensland Security of Payment Regime come into effect in time for Christmas

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...

High Court rules builder does not owe duty to prevent pure economic loss to owners corporation

The High Court today allowed a 'Design and Construct' contractor's appeal, finding that it did not owe a duty to an owners corporation of strata-titled serviced apartments in respect of latent defects in the common property.  Read more...

Building actions in Victoria can be commenced up to 10 years after the work is completed

Yesterday, the Victorian Court of Appeal confirmed that legal proceedings relating to building actions can be brought up to 10 years after the occupancy permit or certificate of final inspection is issued. In this eBulletin, we look at the decision and what it means for owners, developers, builders and other building professionals.  Read more...

Changes to payment claims for construction work in NSW commence

There are important new requirements which now apply to NSW construction contracts entered into on or after 21 April 2014. In this eBulletin, we provide guidance for principals, developers and head contractors on how the changes will affect payment claims made under construction contracts entered into after 21 April 2014 for work undertaken in NSW.  Read more...

Milestones - 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...

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