Articles

Construction and Engineering

Posted Jul 27, 2018 A Safe harbour and Relief from Termination Clauses
Read

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, […]

Read
Posted Jul 26, 2018 Risky business – informal administration of a construction contract
Read

CASE NOTE: SOUTHERN CROSS ELECTRICAL ENGINEERING V STEVE MAGILL EARTHMOVING [2018] NSWSC 1027 On 5 July 2018, the Supreme Court of New South Wales handed down its decision in the case of Southern Cross Electrical Engineering v Steve Magill Earthmoving [2018] NSWSC 1027. The case concerned a summons filed by Southern Cross Electrical Engineering (Southern […]

Read
Posted Jul 26, 2018 Reference Dates Will Accrue
Read

A recent decision of his Honour Justice Stevenson in the Supreme Court of NSW dealt with a challenge brought by the unsuccessful party to an Adjudication Determination under the Building and Construction Industry Security of Payment Act 1999 (“the Act”). The main issues addressed by the Court were whether or not the relevant Payment Claim […]

Read
Posted May 29, 2018 Error in Construction or a Wrong Understanding of Law?
Read

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 […]

Read
Posted May 29, 2018 Insights on the Murray Review: Will We Be Freed From Time Bars?
Read

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 […]

Read