Monthly Archives: February 2018

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 […]

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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 […]

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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 […]

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