Disputes & Litigation

Building & Construction Law 13/06/2019 by Fiona Collins

Upcoming Amendments to Security of Payment Laws in NSW

On 21 November the NSW Government passed the Building and Construction Industry Security of Payment Bill 2018 (“the Amendment Act”). A commencement date for the Amendment Act as not yet been declared although it has since been indicated that the amendments will be introduced progressively based on the need for subordinate legislation and the preparation […]

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 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 13/02/2017 by Sam Roberts

Commercial & Retail Fitouts. How you could find yourself out of business before you even begin.

The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, […]

Building & Construction Law 7/02/2017 by Matthew Bryan

Court of Appeal limits scope of potential challenges to Security of Payment Adjudications

In Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 (23 December 2016), the NSW Court of Appeal unanimously held that the decision of an adjudicator under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act“) is not subject to judicial review other than in cases […]

Disputes & Litigation 25/05/2016 by Sam Roberts

Defamation & Anonymous Gmail Accounts.

What is Defamation? In this day and age people need to be wary about what they post on social media when they are attacking or criticising individuals or small business. A momentary lapse or ‘what the hell‘ can cause significant damage to someone’s reputation and lead to you being involved in defamation proceedings. Even if […]

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 […]