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Update: NSW Government Shake-up of Construction Industry Laws

June 25th, 2020|Categories: Construction Contracts, Construction disputes, Construction Law, Home Building, News, Strata Defects|

Following the recommendations coming out of the 2018 Shergold Weir Building Confidence Report and the 2019 Opal Tower and Mascot Towers issues, the State Government declared it was looking to shake-up the NSW Construction Industry documentation and compliance legislation in order to restore public confidence in the industry. Fast-forward to June 2020, and the Government

The importance of written contracts for home building insurance highlighted in recent NCAT case

June 12th, 2020|Categories: Construction Contracts, Construction Law, Home Building|

In the recent decision of Issa v K & K Quality Constructions Pty Ltd [2020] NSWCATAP 74, the NSW Civil and Administrative Tribunal Appeal Panel highlighted the importance of compliance with the Home Building Act 1989 (NSW). This case reinforced the importance for parties to ensure that, where required, residential building works, even preparatory works,

Developers’ Liability for Building Defects under the Home Building Act

June 11th, 2020|Categories: Construction Contracts, Construction Law, Home Building|

The Act: Home Building Act 1989 (NSW) The Regulation: Home Building Regulation 2014 (NSW) Who is a Developer? Section 3A of the Act A person, partnership, or corporation who contracts to have residential building work done on their behalf where: the work is done in connection with an existing or proposed dwelling in a building

Electronic Execution of Company Documents

May 12th, 2020|Categories: Commercial & Corporate Advisory, Construction Contracts, News|

Electronic execution of company documents is now available for businesses. On 5 May 2020, the Treasurer, Josh Frydenberg made a determination to modify the Corporations Act 2001 (Cth) (Act) and the Corporations Regulations 2001 (Regulations), the Insolvency Practice Rules and the Passport Rules in light of the impact of COVID-19 on businesses and the Australian

Executing documents at a COVID-19 distance

April 27th, 2020|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, Coronavirus COVID-19|

Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 The NSW Government has finally rolled out a solution to witnessing documents in our current socially distanced world. The COVID-19 Legislative Amendment (Emergency Measures) Bill 2020 No 1 (the Covid Act) was assented on 25 March 2020 in response to the COVID-19 pandemic. The Covid Act

COVID-19 Employment Issues: Standing Down Employees under the Fair Work Act

April 20th, 2020|Categories: Commercial & Corporate Advisory, Construction Law, Coronavirus COVID-19, Employment Law|

The first in our series of articles on employment issues brought about by the COVID-19 pandemic, this article looks at standing down employees under the Fair Work Act 2009 and what exactly does it mean. Under Part 3-5 of the Fair Work Act 2009 (FWA), an employer may stand down an employee during a period

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