Articles

Posted Jun 28, 2017 No liquidated damages does not necessarily mean “no damages”
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When drafting, negotiating or reviewing standard form contracts, some parties (usually the contractor or sub-contractor) often prefer to set the applicable liquidated damages amount at ‘Nil’, ‘zero’ or ‘N/A’, assuming that this will exclude any damages being claimed in the event of late completion of work. Various legal cases in Australia have dealt with the […]

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Posted May 30, 2017 Sweeping new changes proposed to reform current government home warranty insurance monopoly scheme in NSW.
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HOME BUILDING AMENDMENT (COMPENSATION REFORM) BILL 2017 The Home Building Amendment (Compensation) Reform Bill 2017 was introduced in the Legislative Assembly by the Hon. Victor Dominello, the Minster for Finance, Services and Property, on 24 May 2017. The bill is part of  a wider overhaul and reform announced by the Government in November 2016. Why […]

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Posted May 30, 2017 NSW Retail Leases Act amendments – Effective from 1 July 2017
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Not since 1994, have there been such radical amendments to the NSW Retail Leases Act (RLA). Coming into force on 1 July 2017, a number of key changes will alter the balance of legislated requirements for Retail Leases. It is important that both Landlords and Tenants are aware of the amendments and be prepared for […]

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Posted May 30, 2017 “When a USB Just Will Not Do!”
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Recent Security of Payment Decision One of the basic requirements under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOPA”) is that notices and claims comply with the prescribed time frames. In a recent case the Supreme Court found that the service of a USB device containing an Adjudication Application was not […]

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Posted May 30, 2017 “What is the Reference Date?”
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RECENT SECURITY OF PAYMENT DECISION In the recent decision of Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd [2017] NSWSC 613, the Supreme Court of NSW again considered the issue of reference dates under the Security of Payment Act in light of the recent High Court decision of Southern Han Breakfast Point […]

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