Home owners can only hope that better protection will be afforded to them at the appointment of Mr David Chandler as part of the government’s commitment to implementing the biggest overhaul to building law in the State’s history. The government of New South Wales has...

BlogWhat do Owners Corporations need to know? As a consequence of the Grenfell fire in London, the Lacrosse fire in Melbourne and the recent Neo 200 Complex fire in Melbourne, the New South Wales State Government has implemented reforms to the Environmental Planning...

BlogWhat can an Owners Corporation do? Following the events of Opal Towers, and Mascot Towers some say that New South Wales is currently in a strata building crisis. The stakes are high, not just financially, but also the risk of safety and well being of residents....

INTRODUCTION The New South Wales State Government have confirmed that on 21 October 2019 new amendments to the Building and Construction Industry Security of Payment Act 1999 (Act) will take effect. The amendments will affect all contracts entered after 21 October...

Taking out "decennial" building insurance where defects are fixed by all contractors at a building regardless of fault, could be the solution that protects Australian owners of apartments and units, construction experts say. In many countries including France, Belgium...

INTRODUCTION Recent changes to one of the most central pieces of legislation in the building and construction industry, the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘Act’) take effect in 2019 and will introduce several measures designed...

Introduction Following amendments to the Corporations Act 2001 (Cth) via the Treasury Laws Amendment (2017 Enterprises Incentives No 2) Act 2017 (‘the Act’), the execution of some contractual rights by a party may need to be delayed. The Act received royal assent on 8...

Introduction The Building Products (Safety) Act 2017 (NSW) (‘the Act’) was passed by the NSW Parliament and assented to on 30 November 2017 by the Governor. The Act comes after the tragic events of the Lacrosse fire in Victoria and the Grenfell Tower fire in London...

Introduction The recent decision from the Federal Court of Australia in ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224 reinforced the Court’s position of protecting the interests of consumers who may be subject to unfair contract terms in small business...

The Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act") aims to ensure that any individual is entitled to quickly receive and be able to recover progress payments for carrying out construction work (or for providing related goods or...

Reference dates are the dates on which a payment claim can be made. Such dates are usually stipulated under contract and if not, can be calculated by reference to section 8(2) Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’). The High...

Starting from 1 July 2018, there will be a prohibition on the enforcement of ipso facto clauses in certain contracts due to amendments to the Corporations Act 2001 (Cth) (‘Corporations Act’). Ipso Facto Clauses Ipso facto clauses are clauses which allow parties to...

Home owners can only hope that better protection will be afforded to them at the appointment of Mr David Chandler as part of the government’s commitment to implementing the biggest overhaul to building law in the State’s history. The government of New South Wales has...

BlogWhat do Owners Corporations need to know? As a consequence of the Grenfell fire in London, the Lacrosse fire in Melbourne and the recent Neo 200 Complex fire in Melbourne, the New South Wales State Government has implemented reforms to the Environmental Planning...

BlogWhat can an Owners Corporation do? Following the events of Opal Towers, and Mascot Towers some say that New South Wales is currently in a strata building crisis. The stakes are high, not just financially, but also the risk of safety and well being of residents....

INTRODUCTION The New South Wales State Government have confirmed that on 21 October 2019 new amendments to the Building and Construction Industry Security of Payment Act 1999 (Act) will take effect. The amendments will affect all contracts entered after 21 October...

Taking out "decennial" building insurance where defects are fixed by all contractors at a building regardless of fault, could be the solution that protects Australian owners of apartments and units, construction experts say. In many countries including France, Belgium...

INTRODUCTION Recent changes to one of the most central pieces of legislation in the building and construction industry, the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘Act’) take effect in 2019 and will introduce several measures designed...

Introduction Following amendments to the Corporations Act 2001 (Cth) via the Treasury Laws Amendment (2017 Enterprises Incentives No 2) Act 2017 (‘the Act’), the execution of some contractual rights by a party may need to be delayed. The Act received royal assent on 8...

Introduction The Building Products (Safety) Act 2017 (NSW) (‘the Act’) was passed by the NSW Parliament and assented to on 30 November 2017 by the Governor. The Act comes after the tragic events of the Lacrosse fire in Victoria and the Grenfell Tower fire in London...

Introduction The recent decision from the Federal Court of Australia in ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224 reinforced the Court’s position of protecting the interests of consumers who may be subject to unfair contract terms in small business...

The Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act") aims to ensure that any individual is entitled to quickly receive and be able to recover progress payments for carrying out construction work (or for providing related goods or...

Reference dates are the dates on which a payment claim can be made. Such dates are usually stipulated under contract and if not, can be calculated by reference to section 8(2) Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’). The High...

Starting from 1 July 2018, there will be a prohibition on the enforcement of ipso facto clauses in certain contracts due to amendments to the Corporations Act 2001 (Cth) (‘Corporations Act’). Ipso Facto Clauses Ipso facto clauses are clauses which allow parties to...