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Posted Jul 18, 2019 Next Steps in Building Regulation Reforms – “Building Stronger Foundations”
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On 26 June 2019, the NSW Government released a discussion paper entitled “Building Stronger Foundations” (BSF Report).1 This paper sets out the next steps in legislation reform needed in order to implement the Shergold Weir Builders Confidence Report 2 which was released on 9 February 2018 (Shergold Weir Report). In February 2019 the NSW Government…

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Posted Jul 11, 2019 NSW Proposed Reforms to the Building Industry
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In February 2019 the NSW Government released its response to the Shergold Weir Building Confidence Report (“NSW Response”).1 In February 2018 Peter Shergold and Bronwyn Weir released their report entitled “Building Confidence: Improving the effectiveness of compliance and enforcement systems for the building industry across Australia” (“Building Confidence Report”).2 This Building Confidence report was commissioned…

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Posted Jul 02, 2019 Mascot Towers and Opal Tower: Changes Imminent for the Construction Industry to Restore Consumer Confidence
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MASCOT TOWERS – EVACUATION On 14 June 2019, residents were evacuated from another building in Sydney, known as Mascot Towers due to structural defects. On that day a letter was issued by the Building Manager stating that (t)he Buildings engineer has carried out a site inspection this afternoon regarding cracking in the transfer slab beams…

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Posted Jun 18, 2019 Recent Decision Opens SOPA Window for Liquidators
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Case note- Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liquidation) [2019] NSWCA 11 In the recent decision of Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liquidation)1 (Seymour Whyte) the NSW Court of Appeal confirmed that in NSW the Building and Construction Industry Security of Payment Act 1999 (NSW)…

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Posted Jun 03, 2019 New Draft Security of Payment Act Regulations 2019: Open for Public Consultation
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NEW CONSULTATION PAPER The NSW Government has issued a draft Building and Construction Industry Security of Payment Amendment Regulation 20191  (“Draft SOPA Regulations”) which is open for public consultation from 27 May to 21 June 2019. Amendment Act 2018 On 21 November 2018 the Building and Construction Industry Security of Payment Amendment Bill 2018 (“Amendment…

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