Articles

Matthew Graham

Posted Jul 04, 2017 Home Building Compensation Reform is Coming
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What has happened? The Home Building Amendment (Compensation Reform) Bill 2017 was given assent on 27 June 2017 to become Act No. 28 of 2017. The Act will commence on a date to be proclaimed by Parliament. Once commenced, the Act will amend various sections of the Home Building Act 1989, specifically in relation to […]

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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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Posted Apr 26, 2017 When is Practical Completion Reached?
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Case note: Fairfield City Council v Abergeldie Contractors Pty Ltd [2017] NSWSC 166 The recent decision of Fairfield City Council v Abergeldie Contractors Pty Ltd [2017] NSWSC 166 confirms that Practical Completion under a construction contract is to be determined objectively taking into account the relevant facts and circumstances. The judgment is also a timely […]

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Posted Mar 15, 2017 Security of Payment: Payment Withholding Request – How to get the Money
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It is well known that the Building and Construction Industry Security of Payment Act 1999 (the “SOP Act”) makes pay when paid clauses unenforceable. In reality, however, a Claimant may be at risk of recovering an adjudicated amount because a Respondent has not been paid by a Principal. To address this risk, Division 2A of […]

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Posted Feb 22, 2017 Payment Claims: A Valid Reference Date is an Essential Requirement
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In the recent decision of Southern Han Breakfast Point Pty Ltd (in Liquidation) v Lewence Construction Pty Ltd [2016] HCA, the High Court: confirmed that a valid Reference Date is required in order for a purported Payment Claim to be valid under the Building and Construction Industry Security of Payment Act 1999 (“the Act”); and […]

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