Publications
Project Lawyers produce a range of publications in their specialist areas of expertise designed to keep you informed about legal developments potentially relevant to your project, business or personal affairs. These publications are for general information purposes only. Please contact our team should you require any information regarding the contents of these publications.
RECENT PUBLICATIONS
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The Pitfalls of Poorly Managed Adjudication Applications under the SOP Act
The phrase “punctilious compliance” aptly sums up the approach required by applicants and respondents in dealing with adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act"), as noted in the judgment of...
Introduction of ‘Buy Back’ Option for Dispossessed Land Owners
One of the more interesting amendments to the recent reforms introduced by the Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW) ("Amendment Act"), which took effect on 1 March 2017, is the potential option for dispossessed land owners to buy back...
The Horse has Bolted – Injunctive Relief Denied after Disputed Payment is Made
It is a well a known principle that a respondent to an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") who claims that the determination is infected by a "reviewable error" may obtain...
The Existence of a Reference Date is a Precondition to a Valid Payment Claim under the SOP Act – The High Court has the Final Word
The Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") provides a fast track procedure for construction contractors and suppliers to be paid progress payments provided that certain preconditions are satisfied. It was generally accepted...
New Possibilities for Owners and Developers – The Introduction of Strata Renewal in NSW
One of the perennial challenges in redeveloping aging and under-utilised strata development sites in NSW has been the requirement to secure unanimous agreement of the lot owners. That threshold requirement has proven to be exceedingly difficult to meet, except in...
NSW Court of Appeal Shuts Down Scope for Interference with Determinations Made under the SOP Act
The prevailing view, up until the Supreme Court decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2016] NSWSC 770, was that judicial review of adjudication determinations under the Building and Construction Security of Payment Act 1999 (NSW)...
