Entries by bradburylegal

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 […]

Deal or no deal: electronic signatures and contract law

Of the many changes brought by the digital age to the commercial landscape, one that is overlooked is the act of executing a contract. The days of wet-ink signing ceremonies in boardrooms are on the way out, while clicking a computer mouse a few times is fast becoming the norm. This can lead to situations […]

New laws in relation to multi-storey residential strata schemes

On 27 September 2018, the NSW government enacted amendments in relation to residential strata schemes. In introducing the bill, Minister for Innovation and Better Regulation Matt Kean MP said: “Currently more than two million New South Wales residents are working as strata industry professionals or strata owners, or are living in strata-titled townhouses or units.” […]

Security of Payment – More Changes

On 21 November 2018, the NSW government passed the Building and Construction Industry Security of Payment Amendment Act 2018. This will make changes to the security of payment regime, and will take effect when the government announces so in the NSW Government Gazette. So what are the main changes that builders and developers need to […]

Dealing with variations in building contracts

Variations to the scope of works, or variations to the services to be provided, under a construction project are common in the building industry. A variation may be requested by either party or arise out of necessity, for example, due to changes required in legislation or because of a latent condition. When negotiating a variation, […]