Insights and news
High Court Clamps Down on Quantum Meruit
In the building and construction industry, parties that enter into contracts are bound to fulfil the promises that form their agreement. The courts will intervene when a party has not fulfilled their side of a concluded agreement. If for example a principal hires a...
Workplace Incidents Prompt Construction Site Safety Crackdown
Work Health and Safety In February of this year the New South Wales State Government proposed changes to the state’s existing work health safety framework that would have the effect of significantly increasing pressure on employers to comply the safety requirements of...
SECURITY OF PAYMENT ALERT What you need to know about Supporting Statements
Introduction A central issue for some head contractors and subcontractors in the construction industry is whether a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (‘SOP Act’) is drafted and served correctly. Form of...
Navigating Construction Sites amid COVID-19 Pandemic
There is no doubt that the Coronavirus pandemic outbreak (COVID-19) has affected countless industries and has severely impacted the economy as a whole. The building and construction industry is no exception. In the midst of current economic uncertainty, it is crucial...
National Cabinet’s Code of Conduct in respect of Small-Medium Enterprise Commercial Leasing During the Covid-19 Pandemic Period
Mandatory Code of Conduct for Commercial Leases On 7 April 2020, the Prime Minister released the National Cabinet’s mandatory Code of Conduct for Commercial Leases (the Code), which forms part of the Federal Government’s policy response to aid small to medium sized...
Covid-19 Emergency Measures and the Impact on Residential, Retail & Commercial Tenancies in NSW
COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 (NSW) The recent outbreak of Covid-19 pandemic in Australia has forced businesses and individuals to navigate through the constantly changing realm of advice and guidelines provided by the government, be it...
Is a Verbal Instruction Enough for a Building Contract?
Futurepower Developments Pty Ltd v TJ & RF Fordham Pty Ltd t/as TRN Group Strict compliance with contractual obligations is a sure way to ensure both parties receive their fair side of an agreed bargain. The reality in the building and construction industry is...
Security of Payment Reform – Statutory Cascading Trusts
Are cascading trusts the future of the building and construction industry? “The introduction of a deemed statutory trust will compliment the security of payment laws and better protect vulnerable parties within the industry.” In August 2012, the NSW Government...
Closing the Gap: Decennial Liability Insurance
The Solution to the Strata Living Crisis in NSW Our principal solicitor, Jessica Rippon, has recently had her thesis “Closing the Gap: Decennial Liability Insurance – The Solution to the Strata Living Crisis in New South Wales” published in the Building and...
David Chandler Appointed as NSW’s First Building Commissioner
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...
Combustible Cladding. What You Need to Know
What 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 &...
Building Defects in High Rise Strata Schemes
What 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.The Opal...