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Building & Construction Law 21/01/2016 by Sam Roberts

Introduction: Contracting Requirements under the Home Building Act

Among other things, the Home Building Act 1989 (NSW) (“the Act“) regulates the contracting requirements for any person making a contract to undertake ‘residential building work‘. Importantly, these requirements apply equally to any contract variations. The contracting requirements set out below apply to contracts entered into on or after 1 March 2015. Consequences of Non-Compliance […]

Building & Construction Law 8/02/2016 by Sam Roberts

Requirements Applicable to All Residential Building Contracts

The following contracting requirements apply to all contracts for residential building work under the Home Building Act 1989 (NSW) (subject to applicable exemptions). Deposit The maximum amount of a deposit that may be demanded or lawfully received for residential building work is 10% of the contract price (Section 8). Statutory Warranties The following warranties are […]

Building & Construction Law 8/02/2016 by Sam Roberts

Residential Building Contracts where the Price Exceeds $20,000.00 (incl. GST)

The following contracting requirements apply to contracts to do “residential building work“where the contract price or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds $20,000.00 (inclusive of GST) by virtue of the Home Building Act 1989(NSW). Consumer Building Guide Before entering into a contract the […]

Building & Construction Law 10/02/2016 by Sam Roberts

Residential Building Contracts where the Price Exceeds $5,000.00 but not $20,000.00

The following contracting requirements apply to contracts to do “residential building work” where the contract price or (if the contract price is not known) the reasonable market cost of the labour and materials involved exceeds $5,000.00 (inclusive of GST) but not $20,000.00 (inclusive of GST) by virtue of the Home Building Act 1989(NSW). Contracting Requirements […]

Building & Construction Law 10/02/2016 by Sam Roberts

Residential Building Contracts for Works less than $5,000.00

There is no prescribed contracting requirements where the contract price or the reasonable market cost of the labour and materials involved is less than $5,000.00 (inclusive of GST). However, it should be noted that: The maximum deposit that may be claimed remains 10% (Section 8). The statutory warranties will still be implied into the contract […]

Building & Construction Law 20/10/2015 by Sam Roberts

Security of Payments: Dates, Deadlines & Traps

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 building industry (“contractors“). It applies to contracts for the carrying out of […]

Business & Company 28/01/2015 by Sam Roberts

Consequences of not making Effective Business Contracts

As an Accredited Specialist in Commercial Litigation I have dealt with all kinds of business disputes. By far the most common cause of commercial disputes is the failure of the parties to adequately record the terms of their agreement in writing. This is particularly common in the building and construction industry. When there is an […]

Building & Construction Law 4/08/2014 by Sam Roberts

Unintended Consequences for Building Subcontractors – Construction Contracts made after 21 April 2014

Construction Contracts made after 21 April 2014 All rights under the Security of Payment laws from the service of a valid Payment Claim. However, only a single Payment Claim may be issued in relation to each Reference Date. Subcontractors that were not previously familiar with the security of payment laws and who did not use […]

Building & Construction Law 23/04/2014 by Sam Roberts

Why the SOP Act is so Significant

The Building & Construction Industry Security of Payment Act 1999 (NSW) is significant because it provides for the following consequences: Where a Subcontractor serves a Payment Claim (similar to a tax invoice) on a the other party and the other party does not provide a Payment Schedule (a response) within the relevant time, the other […]

Building & Construction Law 23/04/2014 by Sam Roberts

How to serve valid Payment Claims.

As a result of the severe consequences of failing to provide a Payment Schedule in response to a valid Payment Claim a lot of the case law that has developed in relation to the Building & Construction Industry Security of Payment Act relates to when a Payment Claim is valid. This is because there can […]

Building & Construction Law 22/04/2014 by Sam Roberts

2014 Security of Payment Act Amendments – What’s New?

The Building and Construction Industry Security of Payment Amendment Act (NSW) 2013 (‘the Amendment Act‘) contains important amendments to the Building and Construction Industry Security of Payment Act (NSW) 1999 (‘the Act‘). The Amendment Act will apply to all Construction Contracts entered into from 21 April 2014. Summary of Key Amendments The key amendments are: […]

Building & Construction Law 14/03/2014 by Sam Roberts

Can You Prove Service of a Valid Payment Claim?

All rights under the Building & Construction Industry Security of Payment Act flow from this service of a valid Payment Claim. In NSW, without limitation, a Payment Claim pay be served by: Delivering it to the person personally, Lodging it during normal office hours at the persons ordinary place of business, Sending it by post […]

Family Law 3/12/2013 by Anna Roberts

What is a Binding Financial Agreement?

A Binding Financial Agreement is an agreement entered into before, during or after a relationship. If a Binding Financial Agreement exists the Court will not have the power to make an order affecting the matters covered by the agreement. As a result, a Binding Financial Agreement will only be binding if it includes proper financial […]

Family Law 3/12/2013 by Anna Roberts

How long do I have to be living with someone before I am classified as their de facto partner?

Most people presume that unless you have lived together for 2 years you are not a de facto couple. This is not true. Living together is only 1 of 9 factors the Court considers when determining whether parties have been in a de facto relationship. Other factors include, the length of cohabitation, if the parties […]

Family Law 3/12/2013 by Anna Roberts

Can I apply for Spousal Maintenance if I was in a de facto relationship?

Yes. If your de facto relationship can be classified as a de facto relationship under the Family Law Act, and you meet the requirements for Spousal Maintenance under the Act, you may be entitled to Spousal Maintenance. Important Disclaimer Download Family Law Information Pack  Book a Smart Start Appointment

Family Law 3/12/2013 by Anna Roberts

If I don’t have access to any funds, can I obtain a partial property settlement?

Parties can have a partial property settlement by agreement. This may be appropriate in circumstances where parties are in need of funds and are still in the process of negotiating a settlement or parties have applied to the Court and a final hearing is not for a considerable amount of time. If one of the […]

Family Law 3/12/2013 by Anna Roberts

Can the Family Court make Orders in relation to property and children on an urgent basis?

Yes, the Court can make interim Orders in relation to property and children’s matters at any time. An interim Order is an Order made before the final determination of an Initiating Application. For example, a party may apply to the Court for an interim Order to decide where a child lives until such time as […]

Family Law 3/12/2013 by Anna Roberts

What is an Initiating Application?

Family Court proceedings are commenced by using an Initiating Application form. An Initiating Application contains details of your matter including the interim and final Orders that you are seeking.   Download Family Law Information Pack  Book a Smart Start Appointment