Articles

David Glinatsis

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 May 29, 2018 Security of Payment Review Report Released
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On 21 May 2018, the Federal Government released a final report of the review of the Security of Payment Laws by John Murray AM. As indicated in previous articles, the review was conducted by Mr Murray with the assistance of the Department of Jobs and Small Business. A total of 86 recommendations have been made […]

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Posted Apr 24, 2018 New SOPA Decision—“Merits Count”
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In the decision of Laing O’Rourke Australia Construction Pty Ltd v Monford Group Pty Ltd [2018] NSWSC 491 delivered on 20 April 2018, the Supreme Court set out some helpful principles as to the duties of Adjudicators in determining on the merits, the entitlement of a claimant to payment for variation claims, even if the […]

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Posted Apr 24, 2018 Combustible Cladding Update
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NSW status update Fire Safety and External Wall Cladding Taskforce Earlier this year we wrote about government responses to the Grenfell Fire in June 2017 and the Lacrosse Fire in Melbourne in 2014. Since then, the NSW cladding inter-agency Taskforce established in June 2017 has continued to progress the NSW Governments 10-point fire safety plan […]

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Posted Feb 26, 2018 Chain of Responsibility laws introduced in Queensland for Non Conforming Building Products
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INTRODUCTION In response to the Lacrosse Fire in Melbourne in 2014, the recall of faulty and potentially dangerous infinity electrical cables in 2015 and more recently the Grenfell fire in June 2017 the Queensland Government implemented the  Building and Construction Legislation (Non-Conforming Building Products ‒ Chain of Responsibility and Other Matters) Amendment Act 2017 (Qld) (“the NCBP […]

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