Articles

INTRODUCTION TO THE RABA On Tuesday 1 September 2020, the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RABA) will commence. The RABA is the latest in a raft of amendments to legislation governing construction law designed to provide greater regulation to the residential construction sector. The amendments appear to have been introduced…

On 1 July 2020, the Building and Development Certifiers Act 2018 (the Act) and the Building and Development Certifiers Regulation 2020 (the Regulation) became law in New South Wales. The follows on from the increased regulation and compliance measures introduced in the Design and Building Practitioners Act 2020 NSW (DBPA) which came into operation on…

  Casenote: Brolton Group Pty Ltd v Hanson Construction Materials Pty Ltd [2020] NSWCA 63 [1] On 17 April 2020 the Court of Appeal delivered a decision in relation to the controversial topic of “reference dates” under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act). There was a unanimous decision…

  Remedies for Construction INTRODUCTION The decision of The Owners Strata Plan No 92888 v Taylor Construction Group Pty Ltd & Frasers Putney Pty Ltd (2019) 15 November 2019 raises important issues for construction and fire safety compliance. We set out our comments about this decision and its consequences. THE CLAIM Biowood* cladding had been…

Canterbury-Bankstown Council v Payce Communities Pts Ltd (2019) NSWSC 1419 In Canterbury-Bankstown Council v Payce Communities Pty Ltd [2019] NSWSC 1419 His Honour Justice Henry delivered a decision on 18 October 2019 in respect of the Building and Construction Industry Security of Payment Act 1999 (NSW) (as amended) (SOP Act). The case considered an application…