Entries by bradburylegal

The role of an expert witness in a building dispute

If you are involved in a domestic building dispute, whether as a building professional or homeowner, it will often be beneficial or necessary to retain an expert witness. The role of an expert witness in a building dispute is to provide objective, qualified and documented evidence relevant to the facts in dispute. Engaging an expert […]

Protecting your plans: intellectual property basics for architects

Architectural designs and plans are a valuable commodity in the building and construction industry. With technology facilitating the seamless reproduction, transformation and dissemination of printed and digital material, architects should be vigilant in protecting their original creations and their livelihoods. This article provides an overview of copyright law in Australia and explains how architects may […]

The Fantastic Fourth: another NSW Security of Payment amendment

On 21 November 2018, the NSW Houses of Parliament passed the Building and Construction Industry Security of Payment Amendment Act 2018 (Amendment Act). This will amend some provisions of the Building and Construction Industry Security of Payment Act 1999 (Security of Payment Act). Some of these changes are reversions to old systems, while others introduce […]

The Modern Slavery Acts: what businesses need to know

After much discussion, the Australian government has followed the examples set by the NSW government and overseas countries. On 29 November 2018, the Modern Slavery Act 2018 (Cth) (Commonwealth Act) was passed by Parliament. It will join the Modern Slavery Act 2018 (NSW) (NSW Act) and impose reporting obligations on large businesses. Both Acts will […]

Giving Security in Construction Contracts

It is not uncommon in construction contracts for a principal or even a head contractor to insist on security from a contractor or subcontractor. We discuss below the purpose of the security, the different types of security commonly given and what happens when a call on a security is made. Why is ‘security’ given in […]

Personal Property Security Register and the construction industry

The introduction of the Personal Property Securities Act 2009 (PPSA) was a move by government to streamline the registration of securities over personal property. The Personal Property Security Register (PPSR) is a national, electronic register of security interests in personal property that was established on 30 January 2012. How does the PPSR affect me? If […]