NSW Court of Appeal determines that security of payment adjudications can only be set aside for jurisdictional error

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...

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...

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...

Recent High Court decision changes application of the penalty doctrine

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...

Milestones - 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...