In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with … Continued
CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website (www.legislation.nsw.gov.au). Click here for a copy of the Draft … Continued
In New South Wales, a “ground-breaking” cash retention trust scheme will be established to ensure construction companies are prevented from using cash retention monies for purposes other than rectifying defects in the contract defects liability period. The scheme will particularly protect subcontractors in the industry from collapsing construction companies and the infamous “phoenix companies” who … Continued
Statutory Demand Fact Sheet – CTI Lawyers What is a Statutory Demand? This is an initiating process in Winding up a Company. A Statutory Demand is a demand made under 459E of the Corporations Act 2001 (Cth). This document is not issued by the Court. A Statutory Demand requires that the Company pay a specified … Continued
High Court says dismissal for waving offensive sign during union protest was not unlawful adverse action – CTI Lawyers In a 3-2 majority, the High Court on 16 October determined that a long serving employee of BHP Coal who was a member of the CFMEU was not dismissed for participating in a lawful protest organised … Continued
No Implied Term of Mutual Trust and Confidence in Employment Contracts – CTI Lawyers In a keenly anticipated decision, the High Court has declared that, unlike the case in the UK, Australian employment contracts do not contain an implied term of mutual trust and confidence (the Implied Term).
Don’t get ripped off by Phoenix Companies! There has been a recent crackdown on the construction industry relating to ‘phoenix companies’. A phoenix company relates to companies who suddenly shutdown their company with the intent to evade outstanding debts and then start trading again under a new company. The new company is often operated under … Continued
On 11 September 2014, the Building and Construction Industry Payments Amendment Bill 2014 was passed by Parliament in Queensland. These amendments will affect the provisions in the Building and Construction Industry Payments Act 2004 (Qld). Note however these amendments only come into effect and become law on a date to be fixed by proclamation which … Continued
Amendments to the Home Building Act 1989 – CTI Lawyers On 5 June 2014, the Home Building Amendment Act 2014 (NSW) was passed by NSW Parliament and will formally commence on a date to be proclaimed. The changes will affect all construction industry participants including NECA members carrying out works in NSW.
Important changes to the Queensland Building and Construction Commission Act 1991 On 1 December 2013, the Queensland State Government introduced fundamental changes to the regulations of the construction industry in Queensland. These changes are centralised around the regulatory body and law governing the construction industry, and a new exception regarding the requirement to have a … Continued
CTI LAWYERS UPDATE – THE SECURITY OF PAYMENT AMENDMENT ACT COMMENCED ON 21 APRIL 2014 AND AFFECTS ALL CONTRACTS ENTERED INTO AFTER 21 APRIL 2014 The amendments to the Building and Construction Industry Security of Payment Amendment Act 2013 (“the Act”) commenced on 21 April 2014 and will apply to all contracts entered into from … Continued
Proposed Changes to the Building and Construction Industry Payments Act 2004 (QLD) The Queensland Government have announced a number of proposed changes to the Building and Construction Industry Payments Act 2004. The main changes are focused on the adjudication process, timeframes in which progress claims can be made and opportunities for respondents to provide reasons … Continued