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Significant Reforms on the Horizon for Security of Payment in Victoria’s Construction Industry

Like similar regimes in other States, the Building and Construction Industry Security of Payment Act 2002 (VIC) (“Victorian SOPA”) was intended to reduce insolvency in the construction industry and enhance cash flow for...more

Bank Guarantees in Australia: As Good as Cash?

In Short - The Situation: The recent decision in Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 involved an application by a contractor for injunctive relief in relation to a call on its security. The case...more

Construction Lockdown: Potential Impact of COVID-19 on Construction Projects in Greater Sydney

Under the latest New South Wales Public Health Order, all non-urgent work at construction sites in Greater Sydney has been paused from 12:01 a.m. on Monday 19 July until 11:59 p.m. on Friday 30 July....more

Expert Determination Clauses: A Tailored Alternative for Construction Projects?

The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these...more

Amendments to Queensland Security of Payment Legislation

The security of payment regime in Queensland has undergone significant reform in recent years. Since the introduction of the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the regime has remained the subject...more

Security of Payment Legislation in Australia

Australia-wide, companies are navigating the uncertainties arising from COVID-19. Our previous White Papers identified the risks arising for construction projects and observed that the fallout is likely to give rise to...more

Stage 4 Restrictions Move Many Victorian Construction Projects on to the Back Burner

The government's latest restrictions will impact owners, contractors, and suppliers. The Victorian Government has moved the Victorian construction industry to a "pilot light" status from 5 August 2020, until at least 16...more

Will Changes Reduce Confusion in New South Wales Security of Payment Laws? - Participants in the NSW construction industry need to...

On October 21, 2019, significant changes to New South Wales ("NSW") security of payment laws come into effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2018 and...more

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