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Statutory declarations do matter - Jun 2017

Statutory declarations are often used in the building industry, although the truth of the statements in them is rarely tested. In the recent decision of 470 St Kilda Road Pty Ltd v Robinson [2017] FCA 597, the Federal Court of Australia imposed personal liability on a director for making a false statement in a statutory declaration accompanying a payment claim under the Building and Construction Industry Security of Payment Act. Megan Calder, Partner and Jeremy Chan, Lawyer discuss.

SOP in the High Court again – “Special Leave Granted” A review of the grounds of judicial review for adjudication decisions - Jun 2017

Ted Williams, Partner and Andrew MacGillivray, Senior Associate discuss.

Introduction of the Labour Hire Licensing Requirements in Queensland - Jun 2017

A follow-up to our earlier update on the changes to the Labour Hire Industry in Queensland, Andrew MacGillivray, Senior Associate now explains its effects further.

Amendments to the definition of a “PPS Lease” and the effect on current and future hire agreements - Jun 2017

On 20 May 2017, the Personal Property Securities Amendment (PPS Leases) Act 2017 (Cth) was passed into law. This amendment to the Personal Property Securities Act 2009 (Cth) (PPS Act) extends the period of time before a lease or bailment is considered to be a “PPS Lease” from 1 year to 2 years (Amendment). Kara Pennisi, Senior Associate, Andrew MacGillivray, Senior Associate, and Marya Atmeh, Lawyer, discuss this Amendment.

Changes for Labour Hire Companies - Jun 2017

In December 2016, the Queensland Government published an issues paper titled ‘Regulation of the Labour Hire Industry 2016’ seeking submissions from stakeholders on a labour hire licensing scheme in Queensland. Andrew MacGillivray, Senior Associate discusses.

Government Targets “Phoenix Operators” with Direct GST Payment - May 2017

To close the gap on “phoenix operators” and property developers that do not remit GST to the ATO following the completion and sale of their property development, the Federal Government has announced that it will implement a measure which will require purchasers to pay GST directly to the ATO. Senior Associate, Adam Rinaldi looks at the issues associated with the implementation of this measure and summarises the potential impact that other measures announced in the Budget will likely have on property related transactions and the property industry.

To Litigate Or Not To Litigate? That Is The Question - May 2017

In the recent decision of Hooks Enterprises Pty Ltd v Sonnenberg Pty Ltd [2017] QSC 69, the Supreme Court of Queensland held that parties must comply with a dispute resolution provision even where compliance is not expressed to be a condition precedent to litigation.  Andrew MacGillivray, Senior Associate and Denise Burloff, Law Graduate discuss.

Adjudication Submissions - Keep Them Simple! - May 2017

The Supreme Court of New South Wales, in the recent case of Future Developments Pty Ltd v TJ & RF Fordham Pty Ltd [2017] NSWSC 232, provides parties to an adjudication with a subtle warning to ensure adjudication submissions are concise and logical.  Andrew MacGillivray, Senior Associate discusses. 

Project Bank Accounts: Do They Cheque Out? - Apr 2017

The Queensland Government appears set to introduce project bank accounts (PBAs) on Queensland construction projects, initially on a pilot basis for government projects of a value between $1 million and $10 million but excluding “engineering projects” and residential construction.

While it is difficult to argue the ambition of setting Queensland’s construction industry up for long-term growth” and making sure people get paid in-full, on-time and every time”, the industry is yet to be provided with clear detail as to how these ambitions might be achieved.

Ted Williams, Partner, and Marya Atmeh, Lawyer, discuss the PBA concept, identify key concerns and suggest practical steps which may be taken to prepare for the possibility of their introduction.

Bank Guarantees and Insurance Bonds in Construction Contracts: What’s the difference? Are they as good as cash? - Apr 2017

Yes, if the judge says so, but it depends upon which judge is allocated to make the decision and on subtleties of language in the underlying contract and whether the judge thinks the beneficiary is acting unfairly.” [1] 

This article covers the practical differences between these different forms of security and explores circumstances by which a call on security may be prevented. Ted Williams, Partner and Marya Atmeh, Lawyer discuss.

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