Recent Blogs

The new Building Products (Safety) Act 2017 (BPS Act) allows the Commissioner for Fair Trading (the Commissioner) to ban the use of unsafe building products and enables councils to make related rectification orders for existing and future buildings. Now the Commissioner has issued a call for public submissions as to whether certain external cladding and façade treatments should […]

Read More

The Queensland Court of Appeal has reinforced the Court’s approach to exclusion clauses in Queensland, further solidifying the position that such clauses, particularly in the context of design and other consultancy contracts, are effective to exclude the liability of engineers and other consultants.   In The Thistle Company of Australia Pty Ltd v Bretz & Anor […]

Read More

On 1 March 2018, the Queensland Government announced that phase two of the Building Industry Fairness (Security of Payment) Act 2017 (Qld) (BIF Act) will roll out on 1 July 2018. Phase 2 The Department of Housing and Public Works has confirmed that phase two of the BIF Act will see the introduction of the […]

Read More

BIF Act (Qld) Update

Security of payment

Key provisions of the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) relating to project bank accounts are set to go live on 1 March 2018. Project bank accounts The Department of Housing and Public Works has confirmed that project bank accounts (PBAs) will apply to government building and construction projects with a contract price […]

Read More

On 14 February 2018, the High Court of Australia published two decisions dealing with judicial review of adjudication decisions for non-jurisdictional error.  The High Court in Probuild v Shade Systems [2018] HCA 4 and Maxcon Constructions v Vadasz [2018] HCA 5 unanimously held that a non-jurisdictional error of law is not reviewable by the Supreme […]

Read More

Debt factored invoices not enforceable payment claims

Security of payment

Introduction The New South Wales Court of Appeal has found that an invoice assigned to a third party financier under a debt factoring financing agreement is not an enforceable payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act). A common form of financing in the construction industry, debt factoring […]

Read More

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 […]

Read More

The Building Products (Safety) Bill 2017 (BPS Bill) potentially impacts participants across the entire construction and property spectrum. Once passed, the BPS Bill will allow the Commissioner for Fair Trading (the Secretary) to ban the use of unsafe building products and enable councils to make related rectification orders for existing and future buildings. What are the impacts? 1.1  […]

Read More

Prior to 2016, the Australian Securities and Investment Commission Act 2001 (ASIC Act) and The Australian Consumer Law (ACL) only offered protection for unfair contract terms to consumers, not small business. This left small businesses vulnerable to unfair terms in standard form contracts where they are often offered contracts on a ‘take it or leave it’ basis and […]

Read More

On 18 September 2017, major reforms to Australia’s insolvency laws were passed making ipso facto clauses unenforceable in certain insolvency procedures.   This article provides an overview of the reasons for the reform, when the laws will take effect, how the new laws should operate and how they will impact the construction industry. The new laws […]

Read More