Articles

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 Jan 30, 2018 Developer Bonds—A Quick and Easy Fix for Defects?
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On 1 January 2018, changes to the new Strata Schemes Management Act 2015 (NSW) (the SSMA) commenced which now require for developers to lodge a building bond with NSW Fair Trading on behalf of the Department of Finance, Services and Innovation (the Building Bond Secretary) to the value of 2 percent of the contract value…

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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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