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Security of Payment update | absence of supporting statement not fatal ConstructionSecurity of Payments
15 May, 2020

Security of Payment update | absence of supporting statement not fatal

Since supporting statements were introduced into the Building and Construction Industry Security of Payment Act 1999 NSW (Act) a question has been whether a payment claim served without one (or with deficiencies in one) is still valid. The answer The Court of Appeal in TFM Epping Land Pty Ltd v…
Victoria Caldwell
NSW Government announces first tranche of projects for fast-tracked assessment ConstructionDevelopmentProperty & Projects
30 April, 2020

NSW Government announces first tranche of projects for fast-tracked assessment

On 28 April 2020, in a bid by the NSW Government to stimulate and lift the economy out of the COVID-19 pandemic, it announced the first tranche of construction projects to undergo the Planning System Acceleration Program (Program). The first tranche of projects The first tranche of projects to undergo…
Victoria Caldwell
Security of Payments
Changes to the Security of Payment Act to commence on 21 October 2019 ConstructionSecurity of Payments
24 July, 2019

Changes to the Security of Payment Act to commence on 21 October 2019

The NSW Government has proclaimed 21 October 2019 as the day on which the Building and Construction Industry Security of Payment Amendment Act 2018 No 78 will commence, introducing the following key changes to the Building and Construction Industry Security of Act 1999 (NSW) (Act): the concept of “reference dates”…
Victoria Caldwell
Changes To Fire Safety Requirements In The 2016 National Construction Codes – Could This Affect Your Project? Construction
28 August, 2017

Changes To Fire Safety Requirements In The 2016 National Construction Codes – Could This Affect Your Project?

  Following the Lacrosse Apartments fire in Melbourne, the Australian Building Codes Board (ABCB) began to develop a comprehensive package of fire safety measures for high rise buildings which was to be incorporated into the next version of the National Construction Code (NCC). However, following the Grenfell Tower fire in…
Victoria Caldwell
When It Comes To Delay, Don’t Wait And See – The 2nd Edition Of The SOCL Delay And Disruption Protocol Construction
25 June, 2017

When It Comes To Delay, Don’t Wait And See – The 2nd Edition Of The SOCL Delay And Disruption Protocol

  In February of this year, the Society of Construction Law (“SOCL”) published the 2nd Edition of the Delay and Disruption Protocol (“the Protocol”) – the first update to the Protocol since the release of the first edition in 2002. The Protocol is prepared for the UK market, but has…
Victoria Caldwell
Adjudication determinations are not reviewable for non-jurisdictional errors of law ConstructionSecurity of Payments
6 March, 2017

Adjudication determinations are not reviewable for non-jurisdictional errors of law

In our June 2016 issue of Construction, Property & Projects Insights (Issue 4), we discussed the first instance decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd NSWSC 770, in which the Supreme Court of NSW held that adjudication determinations were subject to judicial review for non-jurisdictional…
Victoria Caldwell
High Court rules that a payment claim is invalid without a valid reference date ConstructionSecurity of Payments
9 February, 2017

High Court rules that a payment claim is invalid without a valid reference date

Introduction In our November 2016 Construction, Property & Projects Insights (Issue 5), we noted that the High Court was soon to release judgment in Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd HCA 52 (Southern Han Decision), which would be the first time the High…
Victoria Caldwell
Building Energy Efficiency Certificates (BEEC) – changes from 2017 Construction
14 December, 2016

Building Energy Efficiency Certificates (BEEC) – changes from 2017

The position regarding Building Energy Efficiency Certificates (BEEC) in Australia is in a transition phase as a result of changes to the Commercial Building Disclosure Program (CBDP), which exists under the Building Energy Efficiency Disclosure Act 2010. Currently, lessors are required to provide energy efficient information when they lease or…
Victoria Caldwell
Construction, Property & Projects Insights Issue 5 – November 2016 ConstructionProperty & Projects
1 December, 2016

Construction, Property & Projects Insights Issue 5 – November 2016

In this issue, we look at the following key developments in construction, property & projects law:Security of Payments Goes to the High CourtUnfair Contract Terms in the Construction Industry – You Need to Take ActionNew Strata Laws and Building Bond Regime Set to CommenceLoose Lips Sink Ships – Representations During…
Victoria Caldwell