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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 23, 2019 SOPA: What does it mean for Adjudicators to act “In Good Faith”?
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Casenote: Goodwin Street Developments Pty Ltd v DSD Builders Pty Ltd [2018] NSWCA 276 In this judgment, the Court of Appeal considered the requirement of adjudicators under the Building and Construction Industry Security of Payment Act 1999 (“the Act”) to act “in good faith” when preparing adjudication determinations. Background and Relevant Facts Goodwin Street Developments…

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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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Posted Oct 25, 2018 SOPA Bill – Some Key Changes
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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…

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