Recent Blogs

Festive season payment claims

Security of payment

Christmas is just around the corner, and as we approach the end of the year, it is important to remember the timing requirements for payment claims and payment schedules under security of payment legislation in Queensland and its interstate equivalents.  With the introduction of significant changes to security of payment legislation under the Building Industry Fairness […]

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On 21 November 2018 the Building and Construction Industry Security of Payment Amendment Bill 2018 (NSW) (Bill) passed through both Houses of Parliament. The amendments provided for in the Bill are not proposed to apply to existing construction contracts, but once enacted, the key reforms to the Building and Construction Industry Security of Payment Act […]

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The recent passing of the Plumbing and Drainage Bill 2018 (Qld) by the Queensland Government, has provided answers to various questions raised by the industry in relation to the new security of payment regime and the operation of project bank accounts (PBAs) under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIFA). The […]

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The recent Supreme Court of New South Wales decision in Greenwood Futures v DSD Builders [2018] NSWSC 1407 has confirmed that in contracts where payments are made following the completion of construction milestones (as opposed to monthly payments based on progress of the works), the reference date for the purposes of security of payment legislation […]

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As of 1 October 2018, private building owners in Queensland will need to comply with new regulations regarding combustible cladding. The Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld) amends the Building Regulation 2006 (Qld) (the Regulation), to impose compliance obligations to determine the extent of potentially combustible cladding on existing private buildings and […]

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This month the NSW Government issued its ten point commitment to the construction sector: http://www.infrastructure.nsw.gov.au/media/1649/10-point-commitment-to-the-construction-industry-final-002.pdf The plan has been developed by the Government’s Construction Leadership Group and has been endorsed by key agencies such as Transport for NSW, RMS and Infrastructure NSW. An implementation plan will now be developed to turn the 10 commitments into a […]

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The recent Supreme Court of Victoria decision of His Honour Justice Riordan in Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 (Brighton v Multiplex) has cast doubt on the enforceability of contractual provisions imposing a time limit on statutory claims under section 18 of the Australian Consumer Law (ACL). Background The case concerned […]

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The Queensland Government announced today a change to the roll out of the security of payment elements of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act). On 1 March 2018, the Queensland Government announced that BIF Act provisions relating to significant changes to the security of payment regime (including payment claims, […]

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On 1 March 2018, the Queensland Government announced that certain provisions of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) will roll out on 1 July 2018.  These provisions relate to some fundamental and radical changes to the previous legislation, that being the Building and Construction Industry Payments Act 2004 (Qld) […]

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The recent Supreme Court of NSW decision of His Honour Justice Ball in Central Projects Pty Ltd v Davidson [2018] NSWSC 523 has created some uncertainty regarding the impact a non-compliant Supporting Statement has on the validity of payment claims served under the Building and Construction Industry (Security of Payments) Act 1999 (NSW) (SOP Act). […]

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