Articles

Security of Payment Act

Posted Apr 24, 2018 New SOPA Decision—“Merits Count”
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In the decision of Laing O’Rourke Australia Construction Pty Ltd v Monford Group Pty Ltd [2018] NSWSC 491 delivered on 20 April 2018, the Supreme Court set out some helpful principles as to the duties of Adjudicators in determining on the merits, the entitlement of a claimant to payment for variation claims, even if the […]

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Posted Mar 20, 2018 Valentine’s Day Delivers an Unsurprising End to a Long Journey
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CASE NOTE: PROBUILD CONSTRUCTIONS (AUST) PTY LTD V SHADE SYSTEMS PTY LTD [2018] HCA 4 On Valentine’s Day (14 February 2018), the High Court of Australia handed down its decision in the case of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4. This case concerned an appeal by Shade Systems […]

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Posted Mar 20, 2018 What is a Pay When Paid Provision?
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CASE NOTE: MAXCON CONSTRUCTIONS PTY LTD V VADASZ [2018] HCA 5 On 14 February 2018, the High Court of Australia handed down its decision in the case of Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 (which was the same time that it handed down its decision in Probuild Constructions (Aust) Pty Ltd v […]

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Posted Nov 22, 2017 Service by Aconex and the Security of Payment Act
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Case Note: Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865 In the recent decision of Watpac Constructions (NSW) Pty Limited v Charter Hall Funds Management Limited [2017] NSWSC 865 (Watpac Case), the Supreme Court of New South Wales considered (amongst other things), the issue of service of a payment […]

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Posted Nov 20, 2017 Reference date, preconditions, supporting statements and service by a “good Samaritan” all in one SOPA case
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Case note: Castle Constructions Pty Ltd v Ghossayn Group Pty Ltd [2017] NSWSC 1317 There have been a number of decisions of the NSW Supreme Court which have dealt with the consequences of a head contractor serving a Payment Claim that is not accompanied by a supporting statement under section 13(7) and s13(9) of the […]

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