Articles

Construction and Engineering

Posted Jul 26, 2017 Compulsory Acquisition of Land—How it Works
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Recent media reports regarding the necessary land acquisitions for the proposed Western Harbour Tunnel and Northern Beaches link have once again raised concerns for the many families and businesses which will be displaced. Following the public outcry over the actions of authorities, and the treatment of displaced families and businesses, during the significant land acquisitions […]

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Posted Jul 04, 2017 Personal liability for false and misleading statutory declarations
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In the recent decision 470 St Kilda Road Pty Ltd v Robinson [2017] FCA 597 the Federal Court held Chief Operating Officer of Reed Constructions Australia Pty Ltd (Reed) personally liable for approximately $1.5m for falsely declaring in a statutory declaration that all workers, subcontractors and suppliers had been paid. The case is a warning […]

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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 Jul 04, 2017 High Court to consider further security of payment issues

The High Court has recently granted permission (Special Leave) for the appeal of two decisions relating to whether a determination under the NSW and South Australia and Security of Payment legislation could be judicially reviewed for a non jurisdictional error of law. Both decisions dealt with the question as to whether a determination of adjudicator […]

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Posted Jul 04, 2017 Defects Bond to commence on 1 January 2018

The long awaited commencement of the new Strata Building Bond  Scheme which was to start on 1 July 2017 will now commence on 1 January 2018. The Scheme will only apply to contracts signed (or where there is no contract and building work commences) from 1 January 2018. According to NSW Fair Trading the commencement […]

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