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10 Feb 17
PPSA update: appeal dismissed in Forge Group case - lessors (and buyers) beware
The New South Wales Court of Appeal has dismissed an appeal by PowerRental Op Co Australia LLC and Power Rental Asset Co Two LLC against the decision of the New South Wales Supreme Court in Forge Group Power Pty Limited (in liquidation (receivers and managers appointed) v General Electric International Inc & Ors (2016) 305 FLR 101 by confirming the Personal Property Securities Act 2009 (Cth) applied to the lease of equipment in question.
2 Dec 16
Historic reforms to the building and construction industry proposed by the Queensland Government
In a joint statement released on 30 November 2016, Premier Palaszczuk and the Minister for Housing and Public Works, Mick de Brenni, announced historic reforms to the Queensland building and construction industry, said to be aimed at ensuring security of payment for subcontractors.
26 Oct 16
Are you ready to play fair? New unfair contract terms regime starts very soon
Industry participants will need to ensure that they understand the operation of the regime and its potential impact on their business and contracting.
The new unfair contract terms regime takes effect on and from 12 November 2016.
Industry participants in the construction and procurement sector should be prepared by now for the changes and must be ready to comply with the new regime once it starts.
12 Feb 16
Security of Payment on the East Coast
Both the New South Wales and Queensland Governments have each released a Security of Payment Discussion Paper seeking submissions regarding their respective Security of Payment legislation.
22 Dec 15
Security of payment time frames over the Christmas period
With Christmas around the corner, beware of payment claims designed to catch you off-guard and the potentially severe consequences of failing to respond.
9 Dec 15
United Kingdom Supreme Court clarifies approach on implied terms
UK Supreme Court has clarified the principles involved in determining whether a term can be implied (in fact) into a formal contract.
20 Nov 15
Contractors beware: be licensed or face no rights under BCIPA
The Queensland Supreme Court held that an adjudication decision in favour of a contractor under the BCIPA legislation was void because the relevant contract was illegal and unenforceable under other legislation.
20 Nov 15
Contractors beware: be licensed or face no rights under BCIPA
22 May 15
Subcontractors to be held accountable for defective building work
The QBCC's new 'Accountability for Subcontractor Defects Policy' will take effect from 1 June 2015. The purpose of the new policy is to ensure that subcontractors are held accountable for any defective building work they have completed.
29 Apr 15
NSW head contractors must prepare for retention trust money reforms
Under new regulations commencing 1 May 2015, head contractors in New South Wales must establish trust accounts for retention money held under subcontracts for projects valued at $20 million or more.
28 Apr 15
The BIM revolution is coming
Building information modelling (BIM) is on track to become a game changer in the Australian construction industry. The increasing use of BIM in Australia is requiring a significant re-think to project delivery for both government and the industry.
1 Apr 15
Is your contractor paying its subcontractors?
In this alert, construction and procurement lawyer Tony Roccisano suggests some methods for your Council to better monitor payment problems between its contractors and subcontractors.
11 Mar 15
Reasonable endeavours and good faith obligations in MOUs - are they worth the paper they're written on?
The decision of Baldwin & Anor v Icon Energy Ltd & Anor  QSC 12 highlights the uncertain effect of clauses in pre-contractual documents (such as MOUs) requiring the parties to negotiate full form agreements in good faith or using reasonable endeavours.
16 Jan 15
NSW Home building law reforms commence
Staged commencement dates for the Home Building Amendment Act 2014 (NSW) have been proclaimed with some of the most significant amendments commencing on 15 January 2015. Developers, builders, subcontractors, owners and purchasers in the NSW home building sector need to be aware of these reforms.
15 Dec 14
Just in time for Christmas: the BCIPA reforms
The long-awaited reforms to the Building and Construction Industry Payments Act 2004 (Qld) commence today (Monday, 15 December 2014), and with them, a welcomed extension to the Christmas ‘black-out’ period to better reflect the shutdown within the industry.
11 Dec 14
The State Government's retention trust scheme set to protect subcontractors in New South Wales
On 8 December 2014, the NSW Minister for Fair Trading released a draft retention trust scheme, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2014. This regulation is set to commence on 1 February 2015 and will be available for public comment until 8 January 2015.
17 Apr 14
Amendments to the Building and Construction Industry Security of Payment Act 1999 NSW about to take effect
Construction industry participants need to be aware of the recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) that take effect from Monday 21 April 2014.
18 Jul 13
IBA Guidelines on Party Representation in International Arbitration provide guidance on accepted practice
On 25 May 2013, the International Bar Association (IBA) adopted new guidelines to provide a uniform set of ethical standards and rules of professional conduct that can be applied to international arbitrations.
5 Jul 13
PPSA - Ownership is not enough: it’s a matter of priority
Since its commencement some 18 months ago, many familiar with the Personal Property Securities Act 2009 (Cth) (PPSA), have been waiting with eager anticipation for guidance from the Australian Courts on the PPSA and its provisions, particularly in relation to leases of equipment.
24 Jun 13
PPSA - Construction contracts
The High Court of New Zealand recently handed down a judgment confirming that ‘step-in’ rights in construction contracts can constitute a security interest. While this is a New Zealand case, it provides some guidance on an area of law which is yet to be properly judicially considered in Australia.
20 May 13
Arbitration alert - new Act comes into law
On Friday, 17 May 2013 the Commercial Arbitration Act 2013 (Qld) came into force. The new legislation brings Queensland in line with world’s best practice and provides an opportunity for arbitration to become an effective means of dispute resolution, particularly for the resources and infrastructure industries.
14 Nov 12
Beware of unwanted Christmas claims
Don't get caught out this festive season... the same BCIPA tight deadlines apply. Please click here to read more.
29 Mar 12
New obligations in Queensland for body corporate committees under the Work Health and Safety Act 2011
As of 1 January 2012, bodies corporate and their committee members in Queensland may have to take further steps to protect workers from health and safety risks under the new Work Health and Safety Act 2011 (Qld) (WHSA), with significant penalties for failing to do so. In this article, Partner Cameron Dean and Senior Associate Alex Power look at when the new obligations will apply, and what steps body corporate committees should take to avoid the risk of penalties under the new legislation.
23 Jan 12
Security of payment: decisions that impacted the construction industry in 2011
With the New Year having just begun, Partner Matt Bradbury looks back on some of the more significant cases handed down during the past 12 months in relation to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) and the Building and...
9 Jan 12
Queensland Supreme Court clarifies the application of BCIPA to mining projects
In the recent decision of Thiess Pty Ltd v Warren Brothers Earthmoving Pty Ltd  QSC 345 (Thiess v Warren), Justice Fryberg provided important clarification with respect to the application of the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) to mining projects.
16 Dec 11
Traps and tips: the use of BCIPA and BCISPA during the Christmas period
As the construction industry winds down for the Christmas and New Year period, industry participants must remain mindful of the ever present threat of payment claims and other documents being served on them pursuant to the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) and the Building and Construction Industry Security of Payment Act 1999 (NSW) (BCISPA). In this article partner, Matt Bradbury outlines some of the traps that are inherent in BCIPA and BCISPA before providing some tips for surviving the Christmas and New Year period.
4 Jul 11
All over, red rover - the loss of ‘reference dates’ following termination
A recent Supreme Court decision in Queensland has changed the landscape of BCIPA payment claims following termination of a construction contract.