Current News

Fairness Trumps BCIPA in Queensland On 26 October 2017 the Building Industry Fairness (Security of Payment) Bill 2017 was passed (with amendments) by the Queensland Parliament and the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) will commence operation at a time to be proclaimed and it will replace BCIPA. The KEY changes …

A Valid Reference Date is Essential for Payment Claims The most important development regarding SoP in NSW during 2017 concerns Reference Dates. While there may have been some questions remaining regarding the operation of Reference Dates, the High Court Case of Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd [2016] HCA …

One of the objects of the Land Acquisition (Just Terms Compensation) Act 1991 is to “ensure compensation on just terms” for the land holders affected by Government infrastructure projects. But in the case of proposed road tunnels, water pipes, sewers or electrical cables to be laid underground, the legislation allows compensation only in some circumstances. …

Infrastructure connects communities, facilitates trade and commerce and opens new opportunities. As population grows, road, rail, electricity and other infrastructure networks should be continually improved to keep pace with demand for essential services. But urban growth and renewal have undesirable side-effects and residents and businesses are displaced to make way for enhancements to the urban …

The NSW Government has recognised that businesses are frustrated about compensation when they are forced out of their premises to make way for infrastructure projects. Submissions for the Australian Property Institute and the Law Society of New Wales to the Russell inquiry suggested that the legislation should be amended to provide a more detailed framework …