This article was amended on 24 May 2018. In late 2017 the Queensland parliament passed the Building Industry Fairness (Security of Payments) Act 2017 (Qld) (“BIFA”) which substantially alters Queensland’s security of payment regime. In addition to the introduction of...
The Queensland construction industry saw increased regulation in 2017. With the industry focused on the “big ticket” items, being non-conforming building products, the changes to BCIPA and project bank accounts, the expansion of the definition of “influential person”...
2017 has seen significant legislative changes at both the Commonwealth and the Queensland level, but while the Commonwealth changes (being the introduction of safe harbour) demonstrate a shift away from the imposition of rigid requirements upon corporate entities, the...
As the saying goes: there are the things that you know; the things that you know that you don’t know (the known unknown); and the things that you don’t know that you don’t know (the unknown unknown). The recent Grenfell Tower fire tragedy in London highlights the...
On 11 May 2017 the Senate passed the Personal Property Securities Amendment (PPS Leases) Bill 2017, which will see changes being made to the definition of a “PPS Lease” under the Personal Property Securities Act 2009 (“the Act”). The changes will come into effect once...
We are pleased to announce that our Property & Projects team, in particular, our Partners Paul O’Dea and Steven Cardell, have once again been featured in Doyle’s Guide among Queensland’s leading property law lawyers for 2017 in the following categories:...
A recent NSW Supreme Court decision in the matter of OneSteel Manufacturing Pty Limited (administrators appointed) [2017] NSWSC 21 (“the decision”) has stressed the importance of registering security interests correctly. In this case, Alleasing P/L (“Alleasing”)...
MAINTENANCE & WARRANTIES Most lot owners within strata schemes have a general awareness of the fact that statutory and contractual warranties apply to various aspects of the building, plant and equipment contained in their scheme. However, as the adage goes; the...
With growing uncertainty in the economic environment both in Australia and globally, regulators of the building and construction industry are focusing on introducing further measures to protect retention monies and generally the flow of money down the supply chain....
Time has become an increasingly common theme in construction disputes in Australia. At some stage, most participants in the construction industry will encounter a dispute about a time limit. Judges of the Queensland Courts are giving clear warnings to be wary of time...
A recent Fair Work Commission decision demonstrates how far the Fair Work Act 2009 (Cth) bullying jurisdiction extends, which will have serious ramifications for Bodies Corporate, committee members and individual lot owners. THE FACTS The Applicant was employed by a...
If you’re an unlicensed electrician or an unregistered engineer, then maybe not - at least according to a recent decision of Agripower Australia Ltd v Queensland Engineering and Electrical Pty Ltd & Ors (“AgriPower decision”). The Supreme Court determined that an...