Changes to the Domestic Building Contracts Regulations

Effective from 1 August 2017 there will be a number of changes to regulations under the Domestic Building Contracts Act 1995 (Vic) (Act). Major Domestic Building Contracts Major domestic building contract is now defined as a domestic building contract where the contract sum is more than $10,000 (previously $5,000).1 If the contract sum for preliminary […]

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Developer Left in the Dark as Builder Garnishes $11 Million from Developer’s Bank Account Without Notice

In the recent decision of Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 a Contractor was able to garnish $11 million from the Principal’s bank account using the NSW security of payment legislation. The Principal was caught by surprise because at the time the money was garnished from its bank […]

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Security of Payment Claims Following Termination or Suspension of the Construction Contract

The first High Court decision1  to consider the operation of the security of payment legislation found that a claimant may be unable to submit a payment claim after the termination or suspension of the construction contract. The Facts – Southern Han Breakfast Point Pty Ltd (in liquidation) v Lewence Construction Pty Ltd The facts are […]

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Copying Building Plans – Cost Savings…or Costly Mistake?

A recent Federal Court decision1 serves as a reminder that copying building plans can be an infringement of copyright, which may attract significant financial imposts on both the landowner and the builder. Background Mr and Mrs Mistry (Mistrys) and building designer, Henley Arch Pty Ltd (Henley) were in discussions to design and build the “Amalfi […]

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