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Security of Payments

Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) ConstructionProperty & ProjectsSecurity of Payments
16 March, 2021

Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW)

On 1 March 2021, Schedule 2 of the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (Regulations) came into force. As a result, owner occupier construction contracts entered into on or after 1 March 2021 are no longer exempt from the application of the Building and Construction Industry…
Victoria Caldwell
Security of Payments: retention trust accounts on $10 mill projects ConstructionSecurity of Payments
17 July, 2020

Security of Payments: retention trust accounts on $10 mill projects

The NSW Government is proposing to repeal the current 2008 regulations to the Building and Construction Industry Security of Payment Act 1999 (NSW) replacing them with a new set of regulations: the Building and Construction Industry Security of Payment Regulation 2020. A key change is the requirement for head contractors…
Victoria Caldwell
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
Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51 (Galaxy Developments Case) Security of Payments
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)…
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
Stay on adjudicated amount prevents DSD ‘rising from the ashes’ InsolvencySecurity of Payments
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…
Victoria Caldwell
Rich man, poor man – Inpecunious claimants enforcing an adjudication determination Security of Payments
12 January, 2018

Rich man, poor man – Inpecunious claimants enforcing an adjudication determination

Can a respondent not pay an adjudication determination because the claimant is acting as if it were broke? An adjudication has been made against a respondent. The builder or subcontractor (the claimant) is on the brink – trading at a loss, firing staff, changing corporate structure. The respondent knows they…
Victoria Caldwell

Deeming provisions doomed under the Building and Construction industry Security of Payment Act (1999) NSW (Act)
Service by email: Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act) Security of Payments
11 July, 2017

Service by email: Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act)

The Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 (Act) passed into law in the last week of June 2017. It amended a number of Acts including the Strata Management Scheme Act 2015 NSW delaying the commencement of the new defects bond scheme until January 2018. Email Allowed Whilst it did…
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