Articles

Security of Payment Act

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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Posted May 30, 2017 “What is the Reference Date?”
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RECENT SECURITY OF PAYMENT DECISION In the recent decision of Regal Consulting Services Pty Ltd v All Seasons Air Pty Ltd [2017] NSWSC 613, the Supreme Court of NSW again considered the issue of reference dates under the Security of Payment Act in light of the recent High Court decision of Southern Han Breakfast Point […]

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Posted Apr 26, 2017 When is Practical Completion Reached?
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Case note: Fairfield City Council v Abergeldie Contractors Pty Ltd [2017] NSWSC 166 The recent decision of Fairfield City Council v Abergeldie Contractors Pty Ltd [2017] NSWSC 166 confirms that Practical Completion under a construction contract is to be determined objectively taking into account the relevant facts and circumstances. The judgment is also a timely […]

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Posted Apr 26, 2017 Make sure you “stay” at the same time you have a “go”.
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More Security of Payment lessons from the Courts When a Respondent wishes to “go” to the Supreme Court and challenge a determination of an Adjudicator for jurisdictional error; that Respondent must also make sure that an application is made to “stay” (“stop”) and restrain the enforcement of the determination of the Adjudicator in the meantime. […]

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