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ConstructionContractsLaw
25 July, 2022

Fitness for Purpose Warranties: Contractor Beware

Modern construction contracts increasingly blur the roles and responsibilities of the parties. Consistent with this pattern, ‘Fitness for Purpose’ (FFP) warranties may be used to place the design risk on the contractor (as opposed to the designer or professional engineer). Contractors should be aware of express and implied FFP warranties…
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Law
18 July, 2022

Defamation – what it takes

The elements required to prove defamation are difficult to satisfy before the Court. Each case should be assessed on its own merits, and the following key components must be proven on the balance of probabilities for a successful claim: Who can be defamed? A corporation has no cause of action…
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LawProperty
8 July, 2022

NSW duties and penalty changes now in force

Is duty payable on a call option in NSW?  It is now. Introduction The State Revenue and Fines Legislation Amendment (Miscellaneous) Bill 2022 (NSW) (Bill) was introduced into NSW Parliament on 23 March 2022 and was assented to on 19 May 2022. The Bill is now referred to as State…
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CommercialLaw
28 June, 2022

Electronic execution of documents by companies

The Corporations Amendment (Meetings and Documents) Bill 2021 (Cth) (Amendment Act) was given royal assent on 22 February 2022 and has now come into force. The Amendment Act has amended the Corporations Act 2001 (Cth) (Corporations Act) and builds on the temporary measures introduced last year by the Treasury Laws…
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BuildingConstructionLaw
23 June, 2022

Queensland project trust accounts

Since its introduction in 2020, the Queensland construction industry has been adapting to the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020 (Qld) (‘BIFOLA’). One of the most significant amendments made by BIFOLA is the introduction of the new trust account framework to replace the previous…
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Strata
10 June, 2022

Execution by Strata Bodies

Different strata bodies are formed in different ways under the NSW strata law and have different powers and functions under the relevant instruments. This article aims to set out the various considerations in relation to execution by strata bodies and also highlights the best practice in achieving validly executed documents…
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CommercialLaw
26 May, 2022

SOPA & statutory demands

There has been some confusion about whether debts which arise under Building and Construction Industry Security of Payment Act 1999 (NSW) (the SOPA) can be enforced using a statutory demand. In Grandview Ausbuilder Pty Ltd v Budget Demolitions Pty Ltd NSWCA 60 (Grandview v Budget), the NSW Court of Appeal…
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ConstructionContractsLaw
5 May, 2022

Rise and Fall Clauses in Construction Contracts

Rise and fall clauses have been largely overlooked in the Australian construction industry for over two decades. Interest has picked up in recent months due to rapid increases in materials prices. As we re-enter an inflationary environment, legal practitioners and Contractors should learn about or refresh their knowledge of rise…
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