Articles

Posted Nov 06, 2013 General Tips on Unregistered Mortgages

Lending money can have its pitfalls. The key for the lender is to ensure that moneys advanced are properly secured. If a borrower wishes to secure moneys advanced by way of an unregistered mortgage, the borrower should consider at least the points below. What considerations should be given when moneys are proposed to be advanced…

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Posted Oct 31, 2013 Building and Construction Industry Security of Payment Amendment Bill 2013

On 24 October 2013, the Building and Construction Industry Security of Payment Amendment Bill 2013 (the Bill), proposing significant amendments to the Building and Construction Industry Security of Payment Act 1999 (the Act), was introduced to NSW parliament. If passed, the Bill will give effect to a number of important changes to the Act including…

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Posted Oct 30, 2013 Review of Home Building Act 1989: Update Position Paper Released September 2013

In September 2013, the Government released a Position Paper which sets out the NSW Government’s Key Proposals for reform to the Home Building Act 1989. The Government intends to give effect to the reforms later in 2013. There are 50 proposed reforms. Here we outline some of the key items which will affect builders of…

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Posted Aug 19, 2013 Government Responds to Report on Construction Industry and Insolvency Inquiry

In August 2012, the NSW Government commissioned an inquiry into insolvency in the construction industry. The purpose of the inquiry was to assess the cause and extent of insolvency within the construction industry and to recommend ways in which the government could better regulate the industry. After some preliminary findings, a Final Report by the…

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Posted Jul 05, 2013 A “Maiden” PPSA Decision: Are your security interests perfected?

Re: Maiden Civil (P&E) Pty Ltd v Queensland Excavation Services Pty Ltd & Ors [2013]NSWSC 852 The first significant decision concerning priorities between security interests under the Personal Property Securities Act 2009 (PPSA). Summary of the Maiden Facts Queensland Excavation Services Pty Ltd (QES) owned 3 civil construction vehicles (Caterpillars) which had been leased to…

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