Construction Progress Payments – High Court Upholds Adjudicator’s Determination
The High Court in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has finally laid to rest a longstanding dispute over the finality of an adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act). The SOP Act, which has parallel legislation in all […]
County Court Raises the Question – Is It Time for a Review of Resourcing for Domestic Building Disputes?
In Impresa Construction v Oxford Building [2021] VCC 1146, Judge Burchell of the Victorian County Court considered whether there was a “Domestic Building Dispute” where a stay must be made under section 57 of the Domestic Building Contracts Act 1995 (Vic) (‘the Act’) and proceedings referred to the Victorian Civil and Administrative Tribunal (VCAT). Judge Burchell held to not […]
Building Industry Changes
The Shake-Up of Victoria’s Building Industry Continues The latest tranche of changes to the Victorian building industry came into effect on 26 April 2017. The changes mainly relate to the dispute resolution process and significantly widen the avenues of relief available to owners, builders, sub-contractors, architects and other players in the industry. The changes, in […]
Building and Construction Industry Security of Payment Act 1999 (NSW)
The Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) was first introduced in New South Wales in March 1999 and similar legislation has since been adopted by the other states and territories of Australia, most recently South Australia in December 2011. The purpose of this legislation is to ensure that progress […]