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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 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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Posted Jan 10, 2019 An update on the Security of Payment Reforms – Implementation Options Paper
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The call for submissions In earlier articles we outlined some of the reforms introduced by recent amendments to the Building and Construction Industry Security of Payment Act 1999. Some of the key reforms include: A reduction of the maximum time a head contractor has to pay subcontractors from 30 business days to 20 business days;…

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