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Construction and Engineering

Posted May 29, 2018 Error in Construction or a Wrong Understanding of Law?
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Cockram Construction Ltd v Fulton Hogan Construction Pty Ltd [2018] NSWCA 107 In a judgment published on 21 May 2018, the Court of Appeal considered the application of section 22(3)(b) of the Building and Construction Industry Security of Payment Act 1999 (“the Act”), namely, the requirement that an Adjudicator’s determination must “include the reasons for […]

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Posted May 29, 2018 Insights on the Murray Review: Will We Be Freed From Time Bars?
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Each Australian State has laws to ensure subcontractors in the construction industry are paid in a timely way. Last year, the Australian Government commissioned John Murray AM to review those laws.  His final report was published this week.  He made 86 recommendations for harmonisation and improvement of security of payment laws. His central themes were […]

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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 May 29, 2018 Insights on the Murray Review: Harmonised Security of Payment
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Legislative responsibility for security of payment in the construction industry rests with the states and territories. There are  eight disparate pieces of legislation in Australia which deal with security of payment.  As a prominent judge noted some years ago: “We now have a national scheme comprising 8 Acts. It is a scheme which has at […]

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Posted May 02, 2018 Court Finds Compulsory Acquisition Invalid: “…State does not have open slather.”
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Governments need land to build utilities and social infrastructure.  And international treaties prevent them arbitrarily depriving citizens of their property.   In Australia, there are statutory frameworks outlining the process by which government agencies can acquire privately-owned land. Those frameworks require government agencies to make genuine attempts to procure landowner agreement to a voluntary sale.  If […]

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