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Monthly Archives

July 2021

Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act) Construction
29 July, 2021

Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act)

On 1 July 2021, the following sections of the Act commenced operation: Part 2; Division 1 of Part 3; Parts 5 to 9; and Clauses 2 to 4 of Schedule 1. The commencement of these sections introduces the Act in its full operation, except for the requirements as to specialist…
Victoria Caldwell
The Personal Property Securities Act 2009 (Cth) and retention of title CommercialProperty & Projects
28 July, 2021

The Personal Property Securities Act 2009 (Cth) and retention of title

If you supply goods under retention of title arrangements, you need to know about the Personal Property Securities Act 2009 (Cth) (PPSA). Registering your interest in goods supplied under retention of title arrangements on the Personal Property Securities Register (PPSR) is essential to protect suppliers in the event of purchaser…
Victoria Caldwell
Interior Designers and the Application of the Design and Building Practitioners Act Construction
26 July, 2021

Interior Designers and the Application of the Design and Building Practitioners Act

  Interior Designers and Registration “Interior Architects” who make designs concerning Building Work would need to be registered as an Architect or Building Designer (Low/Mid-rise) to make compliance declarations. Building Work refers to: the construction; alteration or addition; repair or renovation; or protective treatment, of a Class 2 Building Element.…
Victoria Caldwell
New levy, penalties and prohibitions to the RAB Act and the DBP Act. ConstructionDevelopment
22 July, 2021

New levy, penalties and prohibitions to the RAB Act and the DBP Act.

On 8 June 2021, the NSW Parliament passed the Building Legislation Amendment Act 2021 (Amending Act) which made several key amendments to the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act), and the Design and Building Practitioners Act 2020 (NSW) (DBP Act). The Amending Act focuses on enhancing the…
Victoria Caldwell
It’s all in the timing (or is it?) – maximum terms contracts and termination of employment Employment
19 July, 2021

It’s all in the timing (or is it?) – maximum terms contracts and termination of employment

In a case involving Mondelez (Company), the Fair Work Commission (FWC) has found that an employee who was engaged in eight maximum term contracts over two and half years, was not dismissed by the Company, but rather the employment relationship came to an end as a result of the effluxion…
Victoria Caldwell
CPB held to its DEAL Construction
14 July, 2021

CPB held to its DEAL

A recent decision of the New South Wales Supreme Court in CPB Contractors Pty Ltd v DEAL S.R.L. NSWSC 820 confirmed the pro-arbitration approach of the Supreme Court and examined interesting issues concerning: the breadth of the kompetenz-kompetenz principle, and whether the Court or an arbitrator should determine if a…
Victoria Caldwell
Mandatory COVID-19 vaccine for aged care – what does this mean for your organisation? Employment
7 July, 2021

Mandatory COVID-19 vaccine for aged care – what does this mean for your organisation?

Last week, it was decided in the National Cabinet that residential workers in the aged care sector will be mandated to get the COVID-19 vaccine to remain employed. The Federal Government will require that at least the first dose of the COVID-19 vaccine be administered by mid-September. We anticipate that…
Victoria Caldwell