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Blink and You'll Miss It - NSW Defect Bond Scheme Postponed and Email Service Gets the Green Light under the NSW SOP Act

The NSW Parliament has today passed the Electronic Transactions Legislation Amendment (Government Transactions) Bill 2017 (the Bill). The Bill has broad reaching implications for many participants in the building and...more

Pens Down on AS 11000

After much speculation regarding the status of the new standard form contract (AS 11000) which was due to replace AS 4000 and AS 2124 (both widely used construction contract forms in Australia), Standards Australia has...more

Time Waits for No-One When a Garnishee Order can be Obtained to Enforce an Adjudicator's Determination

The Supreme Court is often called upon by an aggrieved party to restrain enforcement of an adjudicator's determination whilst that party seeks to have the determination set aside. In an ex tempore decision in Atlas...more

Status quo Returns: the High Court Weighs in on Reference Dates and the NSW Court of Appeal Clears up the Grounds for Challenge

The decisions of the High Court in Southern Han Breakfast Point Pty Ltd (In Liq) v Lewence Construction Pty Ltd [2016] HCA 52 and the New South Wales Court of Appeal in Shade Systems Pty Ltd v Probuild Constructions (Aust)...more

Unfair Contract Terms with Small Businesses: Implications for the Construction Industry

The unfair contract term prohibitions in the Competition and Consumer Act 2010 (Cth) were recently extended to cover standard form contracts with small businesses. The new law provides for unfair contract terms to be...more

Supreme Court of NSW Opens the Door to Challenging Adjudication Determinations on the Basis of an Error of Law

On 15 June 2016, in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770, the Supreme Court of New South Wales (NSW) decided that adjudication determinations made under the Building and Construction...more

Design Life Warranties and Fitness for Purpose in Construction Contracts: the Position in Australia and England

Originally published in Australian Construction Law Bulletin Volume 27 No 8 to 9 from page 126. 1. Introduction - Although Australian construction contracts quite commonly provide for design life warranties in...more

Lessons in Fraud, Preconditions to Progress Payments and the Right of Setoff: Hutchinson v Glavcom

The NSW Supreme Court recently handed down its decision in the matter of J Hutchinson Pty Ltd v Glavcom Pty Ltd [2016] NSWSC 126, in which K&L Gates represented Glavcom. The decision sheds light on numerous issues, including...more

Head Contractors Beware: New Retention Money Requirements in New South Wales

The Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (Retention Money Regulation) commenced on 1 May 2015 and brought into effect important requirements for head...more

A New Australian Standard (AS 11000) to Replace the General Conditions of Contract (AS 4000 and AS 2124)

The AS 4000 and AS 2124 General Conditions of Contract are widely used forms of procurement in the Australian construction industry. A technical committee has recently drafted a new standard form contract (AS 11000) to...more

Security of Payment Legislation and Set-Off Under Commonwealth Insolvency Laws

A recent Victorian Supreme Court case has clarified the impact of Commonwealth insolvency set-off provisions on State-based security of payments legislation. The case demonstrates that although a principal is generally...more

Amendments to the Home Building Act

The Home Building Amendment Act 2014 (NSW) (the Amending Act) will significantly change the Home Building Act 1989 (NSW) (Home Building Act) and comes into force in late 2014 and early in 2015....more

Changes to Building and Construction Industry Payments Act 2004 (Qld) Have Now Come into Force

The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) came into force yesterday. Last minute further amendments to the BCIPA were passed on 26 November 2014, relating to the transitional...more

12/17/2014  /  Australia , Construction Industry

High Court Finds No Duty of Care From Builder to Owners Corporation

The High Court has held that a builder of a serviced apartment complex does not owe a duty of care in negligence for financial loss arising from defects in common property to an owner's corporation (Brookfield...more

Overhaul of the Building and Construction Industry Payments Act 2004 (Qld): How the Changes Will Impact You

Introduction - The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) were passed on 11 September 2014 and received assent on 26 September 2014. The changes contained in the...more

NSW Supreme Court Confirms Definition of a 'Construction Contract' Under the Building and Construction Industry Security of...

The recent NSW Supreme Court case of Seabreeze Manly v Toposu, (Seabreeze Case), is a useful reminder to the building and construction industry as to what 'arrangements' will give rise to a 'construction contract' under the...more

Confirmation That the Limitation Period for 'Building Actions' is 10 Years, Not Six

The recent Victorian Court of Appeal decision of Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165 (Brirek Case) has settled the appropriate time period, at least in Victoria, in which a...more

PPSR: A Reminder to All Owners Not in Possession of Their Personal Property

In June 2013, the NSW Supreme Court in Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors...more

A New Planning System for NSW: How Proposed Changes to Planning Laws Will Impact the Building and Construction Industry

The White Paper: A New Planning System for NSW - The white paper (Paper) was released on Tuesday 16 April 2013 and included details on how the NSW new planning system would be implemented, while also responding to the...more

Insolvency in the Building and Construction Industry: Proposed Amendments to the Building and Construction Industry Security of...

The Industry and Current Legislation - The NSW building and construction industry (the Industry) is plagued by a high level of insolvencies. In the 2012 financial year, almost 25% of the external administrations...more

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