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Posted Oct 14, 2019 CC Builders –v– Milestone Civil Judicial Review of Adjudication
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CC Builders (Aust) Pty Ltd v Milestone Civil Pty Ltd [2019] NSWSC 1251¹ On 6 September 2019, His Honour Rein J delivered a decision in this case which sets out a summary of the law at this time in respect of setting aside an Adjudicator’s Determination due to a denial of procedural fairness and jurisdictional…

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Posted Oct 08, 2019 SOPA Authorised Nominating Authority Draft Code of Practice Released
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On 21 October 2019 reforms are commencing to the Building and Construction Industry Security of Payment Act 1999 (the Act) which will allow the Minister for Better Regulation and Innovation to make a code of practice to be observed by Authorised Nominating Authorities (ANAs) in relation to their activities under the Act. ANAs are responsible for receiving adjudication applications…

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Posted Oct 02, 2019 What constitutes a valid Payment Schedule?
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Case Note: Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171 On 16 July 2019, the NSW Court of Appeal delivered its decision in Style Timber Floor Pty Ltd v Krivosudsky [2019] NSWCA 171. 1 This case was in respect of a Payment Claim issued under the Building and Construction Industry Security of Payment…

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Posted Sep 19, 2019 Have you done your time? HBA Licence Application Appeals
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When making an application for a building licence under the Home Building Act 1989 (HBA) it is assessed by Fair Trading using a policy known as “The Instrument” which sets out the policies for the approval process. There are three main types of licence to apply for:- A contractor licence which allows you to contract and…

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Posted Sep 11, 2019 Lendlease -v- Timecon: A Contract or ‘Other Arrangement’ under the SOP Act
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On 12 June 2019 the decision of Lendlease Engineering Pty Ltd v Timecon Pty Ltd [2019] NSWSC 685 was delivered by Ball J. This case was a departure from other case law on the question of whether “a contract or other arrangement” under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the SOP…

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