About Michael Morrissey

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So far Michael Morrissey has created 26 blog entries.

Tightening the Chain of Responsibility: Changes to the Heavy Vehicle National Laws

2019-03-03T17:17:36+11:00 March 3rd, 2019|Commercial & Corporate Advisory, General Counsel Services|

On 1 October 2018, changes to the Chain of Responsibility (CoR) laws were introduced. The changes sought to put an emphasis on the accountability and responsibility for breaches of the Heavy Vehicle National Law and Regulations (HVNL). Under CoR laws, if you are named as a party in the CoR and exercise, or are capable

Negative variations in Construction Contracts – What do you need to know about them?

2019-02-21T12:49:38+11:00 February 21st, 2019|Construction Contracts, Construction disputes, Construction Law, Home Building, Security of Payment|

Change is the only constant in life, and that’s certainly the case on construction projects. Generally, under a construction contract the principal will have the ability to order a variation to the scope of works. However, variations aren’t limited to increasing or adjusting the scope of works.  In the event the principal wants to reduce

Opinion: Opal tower – a catalyst for change or merely a crack in the concrete?

2019-01-14T11:15:42+11:00 January 14th, 2019|Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects|

Opinion by Hamish Geddes What happened (if you weren’t aware) For developer Australia Avenue (Ecove) and Icon Constructions (Icon), Christmas was certainly not a welcome end to what was one of the busiest years in the Australian construction industry. On 24 December 2018, what appeared to be a large crack in the internal plasterboard lining

When will you need to engage a quantity surveyor in your strata scheme?

2019-01-14T11:15:30+11:00 January 14th, 2019|Construction Contracts, Construction disputes, Construction Law, Home Building, Strata Defects|

Under the building bond and inspection scheme (the Scheme) developers need to lodge a building bond that is equal to 2% of the contract price for any residential development that is greater than 4 storeys high. The bond will need to be lodged with the Department of Finance, Services and Innovation (the Secretary). For more

Casual conversion – what is it and are you prepared for the new changes?

2018-12-20T13:21:03+11:00 December 20th, 2018|Commercial & Corporate Advisory|

The Fair Work Commission (FWC) has inserted a modern conversion clause from 1 October 2018 to more than 85 modern awards. This follows the FWC’s landmark ruling in July 2017 to provide certain casual employees with the right to request a conversion from casual employment to permanent employment.[1] What does this mean? The inclusion of

Security of payment claims and statutory demands – What to look out for during the holidays

2018-12-18T10:02:20+11:00 December 18th, 2018|Commercial & Corporate Advisory, Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Home Building, Security of Payment|

With the construction shutdown period around the corner, businesses must ensure they have proper procedures for the holidays. Claims made over the Christmas period require prompt response times and a failure to respond to claims under the security of payment legislation or the Corporations Act 2001 (Cth) may have serious and detrimental effects on a

Responding to a payment claim or an adjudication application – jurisdictional differences

2018-12-18T10:03:41+11:00 December 18th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

All contractors doing construction work or providing goods or services as part of construction work are entitled to make a progress claim under the security of payment legislation. The security of payment legislation aims to give fair and timely remuneration for construction work, this means that it requires prompt response times. Generally, under the security

Changes to Qld security of payment regime to commence in December

2018-11-13T09:22:00+11:00 November 13th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Security of Payment|

The Queensland Government has announced the next stage of reforms to the Building Industry Fairness (Security of Payment) Act (Qld) 2017 (BIF Act) will commence on 17 December this year. What are the changes?  These ‘Chapter 3’ changes will significantly change the previous regime under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA). 

Potential upheaval of security of payment laws in NSW: 6 key changes proposed

2018-11-07T11:51:22+11:00 November 7th, 2018|Construction Contracts, Construction disputes, Construction Law, Dispute Resolution, Home Building, Security of Payment|

Is it back to the future or a brave new world with the latest changes to the security of payment regime in NSW? What’s happened? Earlier this year, NSW Fair Trading released a consultation paper on proposed draft changes to the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) open for

NSW government expands combustible cladding ban

2018-10-29T14:32:53+11:00 October 29th, 2018|Construction disputes, Construction Law, Dispute Resolution, Home Building, Strata Defects|

The NSW Government’s latest response to the numerous combustible cladding tragedies both overseas and in Australia came into effect on 22 October 2018.  The impact of these regulations is as follows: Aluminium composite panel ban Prior to the 22 October regulations coming into effect, the NSW Government took steps to limit the use of combustible

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