22 April, 2020
COVID-19 UPDATE: Construction sites permitted to operate on weekends + public holidays
Two Ministerial Orders have been released in relation to the operation of construction sites under the Environmental Planning and Assessment (COVID-19 Development – Construction Work Days) Order 2020 and the Environmental Planning and Assessment (COVID-19 Development – Infrastructure Construction Work Days) Order 2020 (collectively, Orders). Under both Orders, construction sites…
17 April, 2020
Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51 (Galaxy Developments Case)
The recent decision of the Queensland Supreme Court in Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors QSC 51 (Galaxy Developments) examined whether an adjudication determination delivered outside the time period prescribed under the Building Industry Fairness (Security of Payment) Act 2017 (Qld)…
7 August, 2019
Employee or contractor – which one is it?
The Fair Work Commission (FWC) has once again confirmed that parties cannot alter the true nature of a relationship by putting a different label on it. “It would be hard to find a clearer case where the indicia were so strong as suggesting this to be an employment relationship and…
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”…
In the wake of two well-publicised damaged apartment blocks, the NSW Government has released an update on their plan for legal reform within the building and construction landscape. In short, the NSW Government proposes further regulation and a statutory duty of care. In June 2019, the NSW Government released the…
7 December, 2018
Stay on adjudicated amount prevents DSD ‘rising from the ashes’
TALKING POINTS: Contractor’s risk of insolvency Implications on adjudication determination under the Security of Payment Act NSW (SOP Act) Illegal phoenix activity Greenwood Futures v DSD Builders (No 2) NSWSC 1471 In Greenwood Futures v DSD Builders (No 2), the NSW Supreme Court granted a continuation of stay on…
30 November, 2018
A developer’s liability arising from an unsigned contract
On Appeal (3 August 2018), it was found that builders and persons that are considered to be developers can be equally held liable for defects, under the New South Wales Home Building Act 1989 (HBA) in breach of the statutory warranties. FACTS AT FIRST INSTANCE Mr and Mrs…
15 May, 2018
Ipso facto clauses on insolvency
On 12 September 2017, reforms to Australia’s corporate insolvency were passed by both Houses of the Australian Federal Parliament, which includes: a) a safe harbour for company directors from personal liability for companies trading insolvent; and b) a stay on the enforcement of ipso facto clauses during a period…