Some Recent Developments: Security of Payment Act Jurisdictional Appeals Download

In this case Robson J followed the High Court of Australia’s determination in Southern Han Breakfast Point Pty Ltd v Lewence Construction Pty Ltd [2016] HCA 52 (Southern Han) that a reference date under the Building and Construction Industry Security of Payment Act 2002 (NSW)(the Act) will not arise after the suspension or termination of

30 September 2015  Hugh Foxcroft KC 1  In Amasya Enterprises Pty Ltd v Asta Developments (Aust) Pty Ltd Vickery J determined a preliminary question concluding that s 28R(5)(a)(iii) of the Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) could not be applied to take from the Supreme Court of Victoria power

30 September 2015  Hugh Foxcroft KC In a nutshell 1  Persons carrying out construction work under construction contracts will lose their entitlement to receive and recover progress payments when they make more than one payment claim in respect of any reference date. 2 The indiscriminate issuing of invoices, each expressed to be a payment claim

3 December 2012 Hugh Foxcroft SC In the Supreme Court of New South Wales McDougall J has quashed an adjudication determination the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) on the basis that the adjudicator had: 1      considered claims in an adjudication application which were put on a