Insights

A guide to responding to Payment Claims under WA’s new Security of Payment Legislation

The Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act) signifies the harmonising of security of payment legislation in Western Australia with the “East Coast” model, and...

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COVID-19 Construction Shutdown

The construction ban commencing on 19 July 2021 in NSW extends to all ‘construction sites’ in Greater Sydney.

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Occupation certificates – are you ready for the changes?

If you are in the business of developing, designing or building residential apartments in New South Wales then you should by now...

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How long is a piece of string? The Mining Exception under the NSW SOPA explained

There is no question that a lot of work readily recognisable as "construction work" occurs in the mining sector; but where along this continuum does "construction work" in mining lose that identity...

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COVID-19 and Force Majeure

Governments and businesses around the world are dealing with a new paradigm and greater uncertainty in the face of COVID-19.

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Powers of attorney and step-in rights as security interests?

The status of power of attorney clauses and “step-in rights” provisions under the Personal Property Securities Act 2009 (Cth) (PPSA) remains an issue.

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Investing in Australian Real Estate

This brochure provides global investors a practical and quick overview about real estate investments in Australia, which includes answers to some of their commonly asked questions.

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Guaranteeing payment under an unconditional bank guarantee: Santos v BNP Paribas

The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...

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Contaminated Land – What constitutes notice to a buyer?

Queensland’s Environmental Protection Act (Section 421) requires a vendor of land recorded on the Environmental Management Register to give notice to a potential purchaser prior to signing any...

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Investing in Australian Real Estate

This brochure provides global investors a practical and quick overview about real estate investments in Australia, which includes answers to some of their commonly asked questions.

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FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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A new Security of Payment regime for Queensland's building & construction industry

The new Act has far-reaching consequences for almost all members of the QLD construction community. Head contractors should familiarise themselves with the new requirements, particularly in...

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Consequential Loss: do you know what you are excluding?

One of the most important mechanisms in a contract for allocating risk is the ability to exclude “indirect” and “consequential” loss using exclusion clauses. It is typically on a party’s list of...

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Managing design risk through ‘fit for purpose’ warranties

Good design is critical to the overall success of any complex engineering or construction project. Sophisticated designs can produce a host of economic, environmental or social benefits, including...

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Acumen March 2017

Legal issues from March 2017.

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Acumen September 2016

Legal issues from September 2016.

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Widening the scope for judicial review of an adjudicator’s determination

The Probuild decision is likely to undermine the objective of the Security of Payment Act to provide a means of quickly and relatively inexpensively resolving disputes in relation to progress...

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Queensland’s infrastructure industry under construction

On 19 May 2015, the Building Queensland Bill 2015 (Qld) (Bill) was introduced to the Queensland Parliament. The Bill establishes Building Queensland, a new independent statutory body to assist the...

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Amendments to security of payment legislation in New South Wales

The Building and Construction Industry Security of Payment Amendment Bill 2013 (the Bill) was introduced to Parliament and given assent on 20 November 2013.... The Bill represents the first phase...

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South Australian security of payment legislation

The Building and Construction Industry Security of Payment Act 2009 (SA) and Regulations will commence operation in South Australia on 10 December 2011. Principals, consultants and contractors

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Update on the South Australia Security of Payment legislation

In the May 2011 edition of Acumen, we reported that the commencement of the Building and Construction Industry Security of Payment Act 2009 (SA) had been delayed, and that the Act and regulations...

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Not quite the landmark

High Court corrects the error, but stops short of giving builders of commercial property unqualified comfort -- The High Court of Australia has unanimously overturned the New South Wales Court of...

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WA pastoral leases to expire mid-2015: implications for resource companies

All pastoral leases in Western Australia granted under the Land Act 1933 (WA) (now repealed) are set to expire on 30 June 2015. Although the...

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Foreign Bribery Update - August 2014

Developments will impact on Australian businesses working offshore and only reinforce the need to have and to implement an ongoing, pro-active anti-corruption compliance framework within your...

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