June 2024

Construction Security of Payments

21 June, 2024

Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider

Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 The recent case of Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 (“Bega Council v Kenpass”) discusses the level of consideration an adjudicator must have for each party’s arguments under section 22(2) of the Building and Construction Industry…

Victoria Caldwell

Construction Security of Payments

20 June, 2024

Seeking Payment Upstream from the Principal

After lodging a payment withholding request under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) on a principal, a subcontractor may utilise the Contractors Debt Act 1997 (NSW) (CDA) to seek payment directly from the principal instead of the respondent/contractor. This alternative means of seeking payment…

Victoria Caldwell

Construction

20 June, 2024

Implied Duty to Act in Good Faith in Construction Contracts

Many parties to construction contracts are unaware that NSW courts often imply a duty to act in good faith in construction contracts. Although a duty to act in good faith may be included expressly, parties need to be aware of how and when a duty to act in good faith…

Victoria Caldwell

Development Property & Projects

14 June, 2024

Transport Oriented Development Program – One Month Later

Introduction It has been a month since the commencement of Tier 2 of the Transport Oriented Development Program (TOD) and stakeholders have had months prior to consider the TOD’s relevant planning policy, the TOD Tier 1 and the Low to Mid Rise Housing Initiative (LMR) (collectively the Programs). This article…

Victoria Caldwell

Commercial Insolvency

13 June, 2024

Disclaimer of property by a liquidator

Section 568 of the Corporations Act 2001 (Cth) (Act) allows a liquidator to disclaim certain property owned by a company to which the liquidator is appointed. The disclaimer has the effect of extinguishing the company’s interest in the property but does not otherwise affect any interests attaching to the property.…

Victoria Caldwell

Property & Projects

13 June, 2024

Leases and licences under the Foreign Acquisitions and Takeovers Act 1975 (Cth) – an analysis of commonly mistaken concepts

Acquisitions in an ‘interest in Australian land’ by a foreign person may be conditional on the Treasurer issuing a no-objection notification (FIRB Approval). Interest as lessee or licensee (Tenant Co) in a lease or licence giving rights to occupy Australian land may be considered as an ‘interest in Australian land’…

Victoria Caldwell

Commercial Insolvency Property & Projects

12 June, 2024

PPSA Series: Beneficial Purchasers Without Notice

Foreword This is Part One in Vincent Young’s new PPSA Series. If you supply or purchase goods on credit or are involved in hiring goods, it is critical that you understand the PPSA regime. These kinds of transactions are very commonly utilised in the construction industry. If you don’t fully…

Victoria Caldwell

Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider

Seeking Payment Upstream from the Principal

Implied Duty to Act in Good Faith in Construction Contracts

Transport Oriented Development Program – One Month Later

Disclaimer of property by a liquidator

Leases and licences under the Foreign Acquisitions and Takeovers Act 1975 (Cth) – an analysis of commonly mistaken concepts

PPSA Series: Beneficial Purchasers Without Notice

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