Law Archives - Page 4 of 12

Construction Law

2 February, 2022

Security Of Payment Act: work within 12 months a matter for the adjudicator

Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), unless the contract provides otherwise, a payment claim may only be made within 12 months after the work to which the claim relates was last carried out (section 13(4)(b)). In EQ Constructions Pty Ltd v A-Civil Aust…

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Commercial Contracts Law

27 January, 2022

Can you “trust” a trustee? – Limitation of trustee liability clauses in Construction Contracts

What you need to know? Trustees are commonly used to enter into construction contracts as a risk mitigation tool. When contracting as a trustee one needs to be careful to ensure that the appropriate trustee limitation of liability provisions are included in the construction contract. When contracting with a trustee…

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Development Law Projects Property

20 January, 2022

New changes to community land laws

The Community Land Development Act 2021 (NSW) (Development Act) and Community Land Management Act 2021 (NSW) (Management Act) reforms have commenced on 1 December 2021. The new laws are aimed to modernise the development, management and operation of community schemes in NSW. See below brief introduction on community schemes and…

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Building Construction Law

14 January, 2022

Decennial Liability Insurance

After a spate of issues plaguing the building and construction industry in recent years, the NSW government is proposing the introduction of a decennial liability insurance scheme (DLI) with the view of increasing protections for owners and purchasers of residential apartments. What is DLI? DLI is a mandatory defects insurance…

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Employment HR Law

25 November, 2021

Government introduces the Religious Discrimination Bill 2021 (Cth)

This week the Morrison Government has introduced into Parliament the Religious Discrimination Bill 2021 (Cth) (Bill) . The Bill seeks to make it unlawful to discriminate against a person on the ground of religious belief or activity in various areas of public life, including work, education, access to premises and…

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Building Construction Law

16 November, 2021

More Than A (Bare) Pleading – The Implications of the Supreme Court’s First Decision on the Statutory Duty of Care under the DBPA

The New South Wales Supreme Court has issued its first decision concerning the statutory duty of care in section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA), which carried important implications in relation to the operation of the statutory duty of care in defects disputes. Vincent Young…

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Employment HR Law

8 November, 2021

Webinar: Key themes for workplaces as 2021 comes to an end

In this recent webinar, Erin Lynch, Employment Partner, discussed the key themes for workplaces as we return back to "normal" and 2021 comes to an end. Erin addressed the following topics: vaccinations; returning to the "workplace"; key workplace decisions; changes to sexual harassment laws; casual conversion terms in modern awards;…

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Development Law Projects Property

29 October, 2021

National Security Actions: the new foreign investment review framework

Earlier in January 2021, the Foreign Investment Review Board (FIRB) introduced a new national security test. Many investments and acquisitions which were previously not ‘notifiable actions’ or ‘significant actions’ under the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) are now subject to compulsory or voluntary notifications. Under the new…

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Contracts Law

29 October, 2021

Have you got a contract or are you still negotiating?

Imagine this. You’ve spent months negotiating a deal. Today, you and your counterparty agreed the last of the important terms. Your lawyers still need to finalise the written document but you and your counterparty shook hands on the deal at the end of a meeting. Have you got a contract?…

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Construction Contracts Law

26 October, 2021

Privity of Contract: The role of statutory warranties for third parties to construction agreements

Increasingly, we are reviewing contracts whereby developers seek to provide benefits to third parties by increasing who the contractor owes its obligations to under a contract. For example, a developer may amend all the indemnities in a contract to benefit “Indemnified Parties”. These “Indemnified Parties” are ordinarily third parties which…

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