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Construction and Infrastructure

ACCIONA

Advising ACCIONA which, in a 50-50 joint venture, has been engaged by Australian Rail Track Corporation (ARTC) to deliver the Inland Rail Southern Civil Works Program.

KEY PEOPLE:

Sydney

Simon Ralton

Sydney

Adam Wallwork

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Construction

Balancing risk: Injuncting recourse to bank guarantees under construction contracts

In a recent decision, the South Australian Court of Appeal clarified that a beneficiary to a bank guarantee in a construction project (usually the Principal) will lose its right to have recourse to a bank guarantee after the date upon which the Principal was required to return or release the bank guarantees in accordance with the construction contract.

Construction

A major wrinkle for "on account only" assessments in construction contracts

A NSW Supreme Court decision may upset the established order in relation to "on account" approvals in construction contracts.

Construction

NSW Court of Appeal upholds rare stay of SOPA judgment

A recent court of appeal decision upholding a rare stay of a judgment debt obtained under the Building and Construction Industry Security of Payment Act 1999 (NSW) has explored when a stay may be granted despite impinging on the statutory policies underlying the legislation.

Construction

SA SOPA Update: The Crown now exempt from the Act

On 1 May 2025, a number of important changes were made to the South Australian security of payment regime through an amendment to the Building and Construction Industry Security of Payment Regulations 2011 (SA).

Construction

SOPA Case Update: No overlap, no problem

The recent decision of the South Australian Court of Appeal in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors [2025] SASCA 39 provided much-needed guidance on the circumstances in which a contractor may re-agitate claims that have already been adjudicated under the security of payment legislation.

Construction

QBCC's landmark prosecution puts developers on alert for Project Trust Account compliance failures

In a significant first-of-its-kind, a Queensland developer has been fined $150,000 after the Queensland Building and Construction Commission found it to be in breach of the Project Trust Account Regime under the Building Industry Fairness (Security of Payment) Act 2017 (Qld).

Construction

Queensland pauses rollout of Project Trust Accounts – what builders need to know

The Queensland Government has paused the further rollout of Project Trust Accounts for major construction projects in the state from 31 January 2025. The delay means it is unclear when the scheme will be fully implemented and enforced.

Construction

Festive season payment claims

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 legislation for each State and Territory.

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