Articles

Security of Payment Act

Posted Jul 27, 2018 A Safe harbour and Relief from Termination Clauses
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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, […]

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Posted Jul 26, 2018 Risky business – informal administration of a construction contract
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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 […]

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Posted Jul 26, 2018 Reference Dates Will Accrue
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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 […]

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Posted May 30, 2018 New Light on Supporting Statements
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CASE NOTE: CENTRAL PROJECTS PTY LTD V DAVIDSON [2018] NSWSC 523 On 30 April 2018, the Supreme Court of New South Wales handed down its decision in the case of Central Projects Pty Ltd v Davidson [2018] NSWSC 523. The case concerned an application made by Central Projects Pty Ltd (CP) seeking judgment against Mr […]

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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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