Monthly Archives: August 2011

The recent Supreme Court of Queensland decision of Walton Construction (Qld) Pty Ltd v Corrosion Control Technology Pty Ltd & Ors [2011] QSC 67 (Walton) has a significant impact on a claimant’s right to pursue payment under the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) following the termination of a construction contract. It had previously been accepted in Queensland that, in accordance with the decision in New South Wales in Brodyn Pty Ltd v Davenport (2004) 61 NSWLR 421 (Brodyn), monthly reference dates under a construction contract continue to accrue for 12 months after the cessation of work, notwithstanding termination of the contract. That is, despite termination of the contract, a claimant may still serve a payment claim and proceed to adjudication under the BCIP Act. However, the decision of Justice Peter Lyons in Walton, which turns on the interpretation of both a clause that is common to standard form Australian construction contracts and the definition of ‘reference date’ under the BCIP Act, confirms that claimants may no longer have recourse to the BCIP Act following the termination of a contract. The decision has important consequences for claimants and respondents.

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The ACCC has recently been given new investigative powers to issue franchisors with what broadly can be described as an “audit notice” to compel production of documents. Read on to find out how this affects you.

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Under the Personal Property Securities Act 2009 (Cth) (PPSA), a new personal property securities regime will commence in October 2011. This new personal property securities regime is expected to have a significant impact on energy and resources projects and standard contractual arrangements.

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The case of O’Keefe v William Muir’s Pty Ltd trading as Troy Williams The Good Guys highlights an increasing trend, recognised in Fair Work Australia decisions, that ‘the separation between work and home is now less pronounced that it once used to be.’

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On 18 August 2011, the NSW Government released for comment a draft State Environmental Planning Policy (State and Regional Development) 2011 (SEPP) to give effect to the Government’s previously released policy statements once Part 3A is repealed. The public is invited to make submissions in relation to the draft SEPP by 2 September 2011.

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The Supreme Court of Queensland was recently asked to determine whether a part of an adjudication decision, made under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA), which was found to be invalid for jurisdictional error, could be severed from the rest of the decision. The Court in James Trowse Constructions Pty Ltd v ASAP Plasterers Pty Ltd & Ors [2011] QSC 145 (Trowse) found that the common law doctrine of severance did not apply, and accordingly there was no mechanism available to sever that part of an adjudication decision infected by jurisdictional error from the remainder of the decision. As a result, the entire decision was set aside by the Court. This position is different to the position adopted in other states such as Victoria. Accordingly, a party in Queensland issuing a payment claim should ensure that all parts of its claim are valid to prevent the ultimate adjudication determination being set aside, particularly where the vast bulk of the claim has succeeded. Further, adjudicators should be vigilant in critically reviewing payment claims and adjudication applications and excising out invalid parts, or suffer the consequence of their entire decisions being set aside.

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Changes to accommodation bonds under the Aged Care Amendment Act 2011 (Cth) The government has introduced significant changes regarding permitted uses for accommodation bonds under the Aged Care Amendment Act 2011 (Cth) which received Royal assent on 26 July 2011.

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