Building and Construction

Building and Construction

Adjudicators’ Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW): High Court Decision in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd

The High Court has recently held that an adjudicator’s determination pursuant to payment claims and schedules served in accordance with the Building and Construction Industry Security of Payments Act 1999 (NSW) (Act) may not be appealed on an error of law that is not related to a jurisdictional error. The effect of this decision is

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When does my development consent expire? What is “physical commencement” and why is it important?

“A development consent is a valuable asset. It is a statutory permission that authorises the carrying out of development on land, mostly for economic gain… It adds value to the land. Hence the prospect of a consent lapsing is apt to engender dismay in the holder of the consent.” CJ Preston in para 1 Kinder

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Statutory Demands: What to do about post-judgment interest

A Creditor’s Statutory Demand (CSD) is a formal document which if in the proper form, and is served correctly, requires the company served to either: pay the amount demanded (which must be over $2,000) within 21 calendar days– otherwise the company will be deemed insolvent and could eventually be wound up and a liquidator appointed; or

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Appealing to the Land & Environment Court

By the time someone reaches the point where they want to appeal to the Land & Environment Court (“L&E Court”), they have usually reached an impasse in the progress of their development application (“DA”).  The setback could be: a refusal; an unviable development consent, possibly because of adverse conditions; or, continued requests for more detailed

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Changes to OH&S Laws

On the 1st of January this year, the Work Health & Safety Act (NSW) 2011 and Regulations came into effect. What has changed & how will this affect companies?

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