Articles

After an extensive review and consultation process which commenced in 2015; the NSW Government introduced the Building and Construction Industry Security of Payment Amendment Bill 2018 of 24 October 2018.  According to the second reading speech, the Bill seeks to increase cashflow and transparency  protections in the contracting chain and “to simplify and clarify the…

NSW is reforming security of payment laws which protect contractors and suppliers to construction projects. An amending Bill was introduced on 24 October 2018 into the NSW Parliament to promote cash flow and transparency in the contracting chain.  Progress claims The concept of a “reference date” will be removed from the legislation.  Progress claims may…

Each Australian State has laws to ensure subcontractors in the construction industry are paid in a timely way. Last year, the Australian Government commissioned John Murray AM to review those laws.  His final report was published this week.  He made 86 recommendations for harmonisation and improvement of security of payment laws. His central themes were…

Legislative responsibility for security of payment in the construction industry rests with the states and territories. There are  eight disparate pieces of legislation in Australia which deal with security of payment.  As a prominent judge noted some years ago: “We now have a national scheme comprising 8 Acts. It is a scheme which has at…

Governments need land to build utilities and social infrastructure.  And international treaties prevent them arbitrarily depriving citizens of their property.   In Australia, there are statutory frameworks outlining the process by which government agencies can acquire privately-owned land. Those frameworks require government agencies to make genuine attempts to procure landowner agreement to a voluntary sale.  If…