Security of payment

Thomson Geer’s Brisbane Construction Team recently acted for the successful party, Galaxy Developments (Developer), in the Supreme Court of Queensland proceeding Galaxy Developments Pty Ltd v Civil Contractors (Aust) Pty Ltd t/a CCA Winslow & Ors [2020] QSC 51. The proceeding was the first in Queensland to deal with the scenario where an adjudicator failed […]

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What is a project bank account? The Building Industry Fairness (Security of Payment) Act 2017 (Qld) introduced new rules that require head contractors to set up project bank accounts (PBA) for certain projects. The PBA regime is designed to ensure that subcontractors are paid for the work they do. The PBA’s structure and strict rules […]

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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 the relevant security of payment (SOP) legislation for each State and Territory. Here are our tips to ensure that presents are your only surprise this […]

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Claimants will lose their right to recover payments if they fail to serve a payment claim in time In Queensland, a recent decision serves as a reminder that claimants will lose their right to recover payments if they fail to serve a payment claim in time, be that calculated in accordance with the terms and […]

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We recently acted for the successful party, SHA Premier Constructions Pty Ltd, in the Queensland Court of Appeal proceeding Niclin Constructions Pty Ltd v SHA Premier Constructions Pty Ltd & Anor [2019] QCA 177. The issue was whether the appellant served its adjudication applications in accordance with section 21(5) of the Building and Construction Industry […]

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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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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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