News+Articles2019-09-03T10:09:51+10:00

News + Articles

Are you entitled to redundancy pay if your employer loses a service contract?

September 29th, 2020|Categories: Commercial & Corporate Advisory, Coronavirus COVID-19, Employment Law|

The Federal Court has held the employees who had been terminated due to their employer using service contracts were entitled to redundancy pay in a recent case.   The Case: Berkeley Challenge Pty Ltd v United Voice [2020] FCAFA 113 The Court: Federal Court of Australia Full Court The Act: Fair Work Act (Cth) 2009

Builders beware of noninal LDs for residential building works

September 29th, 2020|Categories: Construction Contracts, Construction Disputes, Construction Law, Home Building|

Let’s start by going back to basics…what are liquidated damages? Liquidated damages are a pre-agreed sum payable as compensation for loss arising from a breach of contract. In construction contracts, the best-known example is liquidated damages for failure to complete the works on time. The specified sum will usually be payable each day from when

Changes to the Building and Construction General On-Site Award

September 29th, 2020|Categories: Commercial & Corporate Advisory, Construction Law, Employment Law, Home Building|

The Fair Work Commission has announced changes to the Building and Construction General On-Site Award (Award) that took effect from 1 July 2020. Morrissey Law provide a brief snapshot of the changes for both employers and employees within the construction industry. A copy of the Award can be accessed here. What are awards? Briefly, awards

Security of Payment – Trust Accounts

September 29th, 2020|Categories: Construction Contracts, Construction Law, Security of Payment|

A head contractor that is a party to a construction contract with a principal with a value of at least $20 million is required to keep retention money in a specific trust account held with an Authorised Deposit-Taking Institution (ADI). The name and description of the account must include the head contractor’s name and the

Owner-Occupier Construction Contracts to be brought into the Security of Payment Process

September 29th, 2020|Categories: Construction Contracts, Construction Disputes, Security of Payment|

On 1 September 2020 the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (“the Regulation”) came into effect in NSW. As anticipated following a draft of the Regulation that was released for the purposes of public consultation on 26 June 2020, the Regulation introduced changes to the way in which Trust Accounts are to be

New Security of Payment Regulations Commence

September 29th, 2020|Categories: Construction Contracts, Construction Disputes, Security of Payment|

On 1 September 2020, the NSW Government handed down the Building and Construction Industry Security of Payment Regulation 2020 (2020 Regulation), repealing the 2008 Regulation, and instituting a number of changes to payment regimes under the Building and Construction Industry Security of Payment Act 1999 (NSW). The following is a brief run-down of the key

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