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Security of Payment : Ready for the BIF to start? - Feb 2018

Since the assent of the Building Industry Fairness (Security of Payments) Act 2017 (BIF) on 10 November 2017, there has been no word from the Queensland Government as to the commencement of the security of payment provisions.  Implementation should be expected to start any day now.  As the Project Bank Account[i] provisions will be implemented on 1 March 2018, it is reasonable to expect that the security of payment provisions may be proclaimed on 1 March 2018.  Principals, contractors, subcontractors and suppliers should ask themselves: Am I ready for the BIF

Security of Payment and Factoring. Not so Fast! - Dec 2017

The security of payment regime is by far the fastest, cheapest and most efficient method for contractors to secure payment of their progress claims.  Whether the respondent is disputing the claim, or just tardy in its payment behaviour, the pay now argue later approach is a very popular express lane to payment.  However this week the NSW Court of Appeal has slowed that traffic, rolling out a virtual tyre shredder for contractors that have factored their debts.  

Robert Riddell, Partner and Daniel Fitzpatrick, Special Counsel discuss the decision of the NSW Court of Appeal. 

High Court confirms that permits are mandatory for union officials attending construction sites - Dec 2017

The High Court of Australia has recently rejected an application for special leave from the Full Federal Court decision in Australian Building and Construction Commissioner v Powell [2017] FCAFC 89, confirming the blanket requirement for a union official exercising access rights under health and safety legislation to hold a permit.

Megan Calder, Partner, and Alexander Marcou, Lawyer, discuss the decision of the High Court. 

Other States and the Commonwealth’s response to 'non conforming building products' - Dec 2017

Following Melbourne’s Lacrosse and London’s Grenfell Tower fires, the Federal and State Government have taken various steps to address the use of non-compliant building products across Australia.

In November 2017, Piper Alderman released a publication entitled ‘A New Month, A New ‘Non-Conforming Building Products’ in Queensland (see link here). 

Pei Yau, Senior Associate now discusses the recent updates nationally.

What? You’re Insolvent? That’s fine, just keep working. - Dec 2017

From 1 July 2018, reforms to the Corporations Act 2001 (Cth) (the Act) will become effective including the addition of safe harbour laws and protections against ipso facto clauses.  

The introduction of the new provisions in the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) provides some safeguards to directors who attempt to ‘trade out’ of financial trouble without the threat of being personally liable for insolvent trading arising from debts incurred in attempting to do so or its trading contracts being terminated because an insolvency event has been triggered.

Megan Calder, Partner and Jeremy Chan, Lawyer discuss below.

Project Bank Accounts – What Lies Ahead - Dec 2017

The new Building Industry Fairness (Security of Payment) Bill 2017 (Qld) was assented to on 10 November 2017, which will see the introduction of project bank accounts (PBAs) into the Queensland construction industry.  As the project bank account provisions will be trialled from 1 January 2018, contractors, at least those involved in State Government projects, should familiarise themselves with the relevant provisions.

Ted Williams, Partner, Andrew MacGillivray, Senior Associate and Denise Burloff, Law Graduate discuss the PBA provisions contained in Chapter 2 of the new Building Industry Fairness (Security of Payment) Act (‘BIF Act’).

One provision to void them all: the shadow life of section 34 - Dec 2017

Robert Riddell, Partner and Daniel Fitzpatrick, Special Counsel discuss the provisions in Section 34 of the Building and Construction Industry Security of Payment Act 1999.

Factoring of Debtors and Leading with your Chin - Nov 2017

Factoring agreements are very popular with subcontractors and suppliers in the construction industry,   assisting cash-flow by providing a line of credit against accounts receivable.  However, like any financial product, they can present complexities, pitfalls and at times surprises when pursuing debt recovery and enforcement action.

Daniel Fitzpatrick, Special Counsel discusses.

A New “Fairer” Way In Queensland – Building Industry Fairness (Security Of Payment) Act - Nov 2017

On 10 November 2017, the new Building Industry Fairness (Security of Payment) Bill 2017 (Qld) was assented to by the Parliament.  This will see the introduction of Project Bank Accounts[i], and the repealing and replacement of the Building and Construction Industry Payments Act 2004 (Qld) (‘BCIP Act’) and Subcontractors’ Charges Act 1974 (Qld). 

Andrew MacGillivray, Senior Associate and Denise Burloff, Law Graduate discuss the key changes to the security of payment regime (previously contained in the BCIP Act) to be contained in Chapter 3 of the BIF Act. 

Unfair Terms In The Construction Industry | First Judicial Consideration - Nov 2017

It has now been one year since the ‘unfair term’ provisions contained in the Australian Consumer Law came into effect.  Given that standard form contracts are commonplace in the construction industry, it is important that contractors and suppliers remain aware of their potential effects.

Andrew MacGillivray, Senior Associate and Denise Burloff, Law Graduate discuss.

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