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Amendments to the Building and Construction Industry Payments Amendment Act 2014 are now in effect

Amendments to the Building and Construction Industry Payments Amendment Act 2014 are now in effect

Following the commencement of the Building and Construction Industry Payments Amendment Act 2014 (BCIPA) on 15 December 2014, a number of key amendments were introduced which parties to construction contracts should have an awareness of in 2015. Appointment of...
Amendments to the Building and Construction Industry Payments Amendment Act 2014 are now in effect

Striking the balance between a ‘reference date’ and a contractors’ entitlement to payment

Following the commencement of the Building and Construction Industry Payments Amendment Act 2014 (BCIPA) on 15 December 2014, a number of key amendments were introduced which parties to construction contracts should have an awareness of in 2015. Appointment of...
Reviewing security of payment adjudications and jurisdictional error in Queensland

Reviewing security of payment adjudications and jurisdictional error in Queensland

The Queensland Supreme Court in Lean Field Developments Pty Ltd v E & I Global Solutions (Aust) Pty Ltd & Anor [2014] QSC 293 had to consider whether conditions can be placed on when a reference date may arise under the Building and Construction Industry...
Directors’ Duties: Traversing the corporate landscape of the bona fide and proper purposes rules in Bell

Directors’ Duties: Traversing the corporate landscape of the bona fide and proper purposes rules in Bell

The Western Australian Supreme Court of Appeal decision in Westpac Banking Corporation v Bell Group Ltd (in liq) [No 3] [2012] WASCA 157 shone a spotlight on the issue of the fiduciary duties owed by directors to act in the bona fide interests of the company, and for...
Residential property acquired for commercial purposes: How influential is the Australian Consumer Law?

Residential property acquired for commercial purposes: How influential is the Australian Consumer Law?

In Carter v Delgrove Holdings Pty Ltd [2013] FCCA 783, the Federal Circuit Court had to determine whether the respondent engaged in misleading or deceptive conduct under s 18 of the Australian Consumer Law (the ACL) by first submitting the successful bid for a...
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