Articles

Posted Aug 29, 2018 Personal liability for directors and managers of corporations under Security of Payment reforms
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Last week, we wrote about some of the amendments proposed to the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) by virtue of the Building and Construction Industry Security of Payment Amendment Bill 2018 (the Amendment Bill). One of the key changes proposed by the Amendment Bill is for directors and […]

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Posted Aug 29, 2018 Aluminium Composite Panel Ban commenced 15 August 2018
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On 15 August 2018 the Commissioner for Fair Trading banned the use of Aluminium Composite Panels (ACP) containing more than 30% polyethylene in any external cladding, external wall, external insulation, façade or rendered finish in residential buildings over two storeys and commercial buildings which are higher than three storeys. This is the first building product […]

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Posted Aug 22, 2018 Hot off the press: Draft Security of Payment Amendment Bill 2018 released for public comment
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On 21 August 2018, the New South Wales Government released the Building and Construction Industry Security of Payment Amendment Bill 2018 (the Amendment Bill) which is open for public comment until 18 September 2018 and which proposes a number of amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act). […]

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Posted Jul 27, 2018 A Safe harbour and Relief from Termination Clauses
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New Commonwealth laws which commenced on 1 July 2018 provide safe harbour protection to honest, diligent and competent company directors from insolvent trading and also render ipso facto clauses in contracts unenforceable, while a company is undertaking a restructure. The reforms which amend the Corporations Act 2001 will only apply to rights arising under contracts, […]

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Posted Jul 26, 2018 Risky business – informal administration of a construction contract
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CASE NOTE: SOUTHERN CROSS ELECTRICAL ENGINEERING V STEVE MAGILL EARTHMOVING [2018] NSWSC 1027 On 5 July 2018, the Supreme Court of New South Wales handed down its decision in the case of Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027. The case concerned a summons filed by Southern Cross Electrical Engineering (Southern […]

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