Fact Sheets

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. …

Various new conveyancing rules have come into play over the last 3 months: new OSR identity verification rules – now required for Vendors (not just Purchasers) ATO Clearance Certificate required for any property sold over $2,000,000.00 (which isn’t hard to do in Sydney’s hot property market) 4% surcharge on stamp duty for foreign purchasers of …

What is a Statutory Demand? Section 459E of the Corporations Act 2001 (Cth) (“the Act”) provides that a creditor may serve on a company a Statutory Demand for a debt that is due and payable by the company to the creditor, or two (2) or more debts due and payable by the company, subject to …