At the end of last year, the High Court of Australia, in Turcinovic v Queensland Building and Construction Commission [2017] HCASL 306, dismissed the builder’s application for special leave to appeal a decision of the Queensland Court of Appeal granting the QBCC the right to summarily recover its insurance payout from the builder.
In a recent consent decision handed down by the Federal Court, eight terms in a JJ Richards & Sons Pty Ltd standard form contract used to contract with small businesses were declared unfair and void.
It is common for commercial contracts to contain ipso facto clauses, which allow a party to terminate or modify the terms of the contract where the other party experiences an insolvency event. A concern addressed by the Government is that these clauses can prevent a financially distressed company from turning their situation around.
The Queensland Court of Appeal has recently handed down the decision of Queensland Building and Construction Commission v Turcinovic [2017] QCA 77, confirming that, once the Queensland Building and Construction Commission has made a payment under a homeowner’s insurance policy, the builder will have very limited grounds on which to contest the QBCC recovering against the builder.
All building and construction industry employers that perform or tender for Commonwealth funded building work must ensure that their enterprise agreements (EAs) comply with the provisions of the Building Code 2016 by the transition period expiry date of 31 August 2017.
This alert will be relevant to all landowners, developers and utility operators who carry out development in Queensland. The Queensland Government recently released an Issues Paper proposing key changes to the existing Cultural Heritage Duty of Care Guidelines under the Aboriginal Cultural Heritage Act 2003 (Qld) (the Act). The Government is inviting submissions that must be made by 1 June 2017.
At the end of last year, the High Court delivered its first judgment on security of payment legislation: Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd [2016] HCA 52. The decision confirms that the existence of a reference date under a construction contract is a precondition to the making of a valid payment claim (and, in turn, a precondition to the making of a valid adjudication application and determination)
If your house or property has suffered damage during a recent storm event, before the rebuild it is important that you understand the building and planning laws that may regulate your repairs.
The Queensland Government is holding community and industry consultation and inviting feedback on a series of proposed reforms for the Queensland building and construction industry.
Employment agency contracts, for payroll tax purposes, can be much broader than traditional labour hire or employment agency arrangements. The recent decision in Qualweld Australia Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAP 249 highlights how payments to genuine subcontractors can trigger payroll tax liabilities under the ‘employment agency’ provisions.
Many construction contracts require contractors submitting progress claims to also submit a statutory declaration in a specific form confirming subcontractors have been paid. How does this sit with the requirements of Building and Construction Industry Payments Act 2004 (Qld)?
Commercial negotiations are commonly conducted by email where the parties express informal agreement on the terms and say ‘it is subject to contract’ or ‘subject to the execution of a contract’.