Blog

Building & Construction Law 22/10/2019 by Sam Roberts

SECURITY OF PAYMENT LAW AMENDMENTS: HOW TO CLAIM PROGRESS PAYMENTS POST 21 OCTOBER

Amendments to the Building and Construction Industry Security of Payment Act 1999 (the Act) passed on 21 November 2018 will be commencing on 21 October 2019. The amendments will apply to all Construction Contracts entered into from 21 October 2019 with the existing regime to continue to apply to all previous contracts. The amendments bring […]

Family Law 26/09/2019 by Samantha Miller

Can I make my husband/wife leave the family home now that we’re separated?

This is a very common question asked by parties following a separation.  It can be incredibly unpleasant to have to continue to live with an ex-partner until financial settlement is achieved.  Unfortunately, it is also incredibly difficult to force an ex-partner to leave the family home. The court is of the opinion that it is […]

Family Law 19/09/2019 by Samantha Miller

Are Secret Recordings Admissible as Evidence?

A Recent Case Looking at Secret Recordings Made in Parenting Matters Coulter & Coulter (No. 2) [2019] FCCA There are numerous circumstances in which parents may be tempted to record meetings or my find they are in possession of recordings.  Whether or not these recordings will be able to be used as evidence in court […]

Building & Construction Law 1/08/2019 by Sam Roberts

Amendments to Security of Payment Laws in NSW to Commence on 21 October 2019

# This Article was updated on 1 August 2019 following the announcement by the NSW Government that the commencement date of legislation amending the security of payment laws will be 21 October 2019, and the release of amendments to the regulations. On 21 November 2018 the NSW Government passed the Building and Construction Industry Security […]

Business & Company 22/07/2019 by Haydon Potter

When are Casual Employees Entitled to Become Full Time Employees?

Since 1 October 2018, most casual employees have been entitled to request their employment status be converted to full time or part time status where certain requirements are met and an employer cannot refuse the request unless it has reasonable grounds to do so. With over 84 Modern Awards being amended from 1 October 2018 to include […]

Family Law 18/07/2019 by Samantha Miller

Gender Dysphoria – Is Court Approval Required for Medical Treatment of Minors?

What is Gender Dysphoria? The Gender Dysphoria symptoms are as follows: Noticeable incongruence between the gender the child experiences and their classified gender assignment; An intense need to do away with their primary or secondary sex features (or avoid their development); An intense desire to have the primary or secondary sex features of the other […]

Disputes & Litigation 17/07/2019 by Tasha Wolodko-Kouril

Federal Court says it is Reasonably Arguable that the ATO Owes Taxpayers a Duty of Care at Common Law

Farah Custodians Pty Limited v Commissioner of Taxation (No 2) [2019] FCA 1076 In this matter, Farah Custodians Pty Limited sought leave to amend its pleadings in its claim against the Commissioner of Taxation to include claims in negligence arising from the Commissioner’s payment of tax refunds owed to Farah into a fraudulent account. The Commissioner’s […]

Property & Estates 9/07/2019 by Tasha Wolodko-Kouril

Legislation Update: The Bankruptcy Amendment Bill 2017

The Bankruptcy Amendment (Enterprise Incentives) Bill 2017 has now lapsed The controversial Bankruptcy Amendment (Enterprise Incentives) Bill 2017 officially lapsed on 1 July 2019 and as such will no longer be proceeding. If the Bill was passed, it would have had the effect of amending the Bankruptcy Act 1966 so that the default period of […]

Building & Construction Law 4/07/2019 by Sam Roberts

High Court Confirms Limited Scope of Potential Challenges to Security of Payment Adjudications

In Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 the High Court affirmed the decision of the NSW Court of Appeal that the availability of judicial review to quash an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) was limited to cases of jurisdictional […]

Building & Construction Law 4/07/2019 by Tasha Wolodko-Kouril

How Courts Consider Descriptions of Work in Payment Claims & Reasons for Withholding Payment in Payment Schedules

Ensuring that you can rely on a Payment Claim or a Payment Schedule to invoke or resist the considerable force of the Building and Construction Industry Security of Payment Act 1999 (NSW) to recover payment or resist the obligation to pay is critical for any business in the building and construction industry. In this article […]

Building & Construction Law 25/06/2019 by Felicity Donald

How an Adjudicator is Required to Value Construction Work

A question that commonly arises when we are assisting clients with preparation of an Adjudication Application or Response, is: “How is the Adjudicator going to value the construction works (or related goods and services)?” Knowing how an Adjudicator will value the works is particularly important given the very short timeframes provided for parties to an […]

Family Law 20/06/2019 by Linsey Wilson

From Donor to Daddy

When is a sperm donor considered the legal father? High Court decides. Masson v Parsons [HCA] 21 The Facts In 2006 Mr Masson, donated his semen to a friend and a baby was born as result of artificial insemination. At the time of the donation Mr Masson’s intention was that he would be involved in […]

Family Law 20/06/2019 by Anna Roberts

Separating? The best way to protect yourself, your children and your money.

Whether you have been planning a separation for some time, or you have been taken completely by surprise, separation can involve harsh realities and unwelcome changes for all involved.    In the early stages you may feel isolated, grief-stricken and unable to make plans, however, it is essential to get organised and take control to protect […]

Family Law 24/10/2018 by Linsey Wilson

Borrowing from the Bank of ‘Mum & Dad’: Lessons for Baby Boomers providing early inheritances or other financial assistance and the impact of the Family Law Act for Estate Planning: Loans vs Gifts.

The statistic isn’t a new one. Baby Boomers make up 25% of the nation’s population and yet control approximately 50% of private wealth. We are constantly being told that this generation continues to increase their wealth to the detriment of their children and grandchildren; however, this can place baby boomers in a unique position where […]

Building & Construction Law 24/10/2018 by Ned Mortensen

Mid Tier Construction Contracting Essentials: How to make it and not go broke.

Long before I was a Construction Lawyer, I was a Construction Manager for one of Australia’s top tier building contractors. In this article I have set out some simple and practical tips for effective contract management based on my experience in both construction and law. This article will be particularly relevant for growing contracting businesses […]

Building & Construction Law 22/10/2018 by Rebecca Wosman

New Rules now apply for Medium Density Low Rise Developments in Newcastle and Lake Macquarie.

This article explains what land is now suitable for medium density developments in Newcastle and Lake Macquarie under the new Low Rise Medium Density Housing Code and the benefits of the Code for developers and existing landowners. On 6 July 2018 the new Low Rise Medium Density Housing Code came into effect. Significantly, under the […]

Building & Construction Law 15/10/2018 by Sam Roberts

Will your business be able to rely on the Security of Payment Laws when it counts? The single most important thing to do.

Disputes and withheld payments are common occurrence in the construction industry. Contractors and suppliers operate with increased risk of these occurrences if they are not prepared to use the Building & Construction Industry Security of Payment Act 1999 (“the Act”) immediately when a problem arises. I regularly get people downloading our Security of Payment Guide looking […]

Building & Construction Law 25/09/2018 by Sam Roberts

Hunter Business Review Article: Security of payments: dates, deadlines & traps

The article below was published in the Hunter Business Review October 2015 Issue. The Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) is unlike any other law in the country (apart from its interstate equivalents). The purpose of the Act is to improve cash flow for contractors, suppliers and professionals in the […]