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37 results found

Article

Clayton Utz | Australia | 10 Dec 2020

Confusion lingers over SOP "reference dates"

Before the 2019 security of payment reforms in NSW, the impact of "reference dates" under the Building and Construction Industry Security of Payment…
Article

Clayton Utz | Australia | 10 Dec 2020

Supreme Court confirms breadth of Victoria's security of payment "excluded amounts" regime

In VCON Pty Ltd v Oliver Hume & Anor [2020] VSC 767, the Victorian Supreme Court has provided another example of how Victoria's "excluded amounts"…
Article

Clayton Utz | Australia | 26 Nov 2020

Court endorses narrow construction of the "Mining Exemption" in the NSW SOP Act

Cadia Holdings Pty Ltd v Downer EDI Mining Pty Ltd [2020] NSWSC 1588 is the first case to consider the interpretation of the so-called "Mining…
Article

Clayton Utz | Australia | 26 Nov 2020

Building and Construction Industry (Security of Payment) Bill 2020 (WA) one step closer to replacing the Construction Contracts Act 2004

The Building and Construction Industry (Security of Payment) Bill 2020 (WA) is one step closer to replacing the Construction Contracts Act 2004 (WA)…
Article

Clayton Utz | Australia | 26 Nov 2020

Service by uploading a payment claim to a cloud-based information system not effective until the payment claim was identified and read

In the recent case of BCS Infrastructure Support Pty Ltd v Jones Lang Lasalle (NSW) Pty Ltd [2020] VSC 739, the defendant, JLL, had requested BCS use…
Article

Clayton Utz | Australia | 6 Aug 2020

Payment withholding requests and statutory charges: Upstream parties beware!

New measures for securing adjudicated amounts strengthen the hand of those pursuing payment and have significant implications for principals, developers and lenders. The Queensland Government’s latest instalment of its reform of the building industry puts new procedures in place to facilitate payment of outstanding adjudicated amounts.
Article

McCabe Curwood | Australia | 18 Dec 2019

You may be on Christmas break but the Security of Payment Act isn’t

As the Christmas and New Year period approach rapidly and companies seek to finalise outstanding payment claims, it is imperative that an adequate…
Article

Helix Legal | Australia | 12 Dec 2019

SOP reforms fail the ‘pub test’

If I walked into a pub today, found a group of subcontractors having a beer and asked the following question: Do you believe the current Security of…
Article

Baker McKenzie | Singapore | 29 Nov 2019

Amended Security of Payment Act Comes into Effect on 15 December 2019

The Singapore Government has issued a notice notifying that the amendments to the Security of Payment Act ("SOPA") will come into operation on 15…
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