Articles

Security of Payment Act

Posted Sep 29, 2017 Security of Payment Masterclass
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COST: $125 per person ($100 per person if three or more from one company) Mid-session food and drinks provided If you are a contract administrator, project manager, developer, builder or subcontractor in the building and construction industry, don’t miss this unique opportunity to gain a  better understanding of how the Security of Payment legislation works. The seminar tackles […]

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Posted Aug 31, 2017 Non compliant supporting statement means payment claim is invalid
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Case note: Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121 In the recent decision of Mt Lewis Estate Pty Ltd v Metricon Homes Pty Ltd [2017] NSWSC 1121 delivered on 24 August 2017; the Supreme Court held that a payment claim was invalid because the accompanying supporting statement did not […]

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Posted Aug 31, 2017 Can the re-agitation of payment claims ever be OK?
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Case note: Arconic Australia Rolled Products Pty Limited v McMahon Services Australia Pty Ltd [2017] NSWSC 1114 Date of decision: 17 August 2017 There have been a number of cases which have made it clear that the Building and Construction Industry Security of Payment Act 1999 (NSW) was not intended to provide another chance for […]

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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 May 30, 2017 “When a USB Just Will Not Do!”
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Recent Security of Payment Decision One of the basic requirements under the Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOPA”) is that notices and claims comply with the prescribed time frames. In a recent case the Supreme Court found that the service of a USB device containing an Adjudication Application was not […]

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