Building Security of Payments – Service of a Payment Claim
July 2011The Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) has always imposed very tight time frames on Builders and Clients when a Payment Claim is made.
Recently, the NSW Court of Appeal in Downer v Parson Brinckerhoff...
Exclusion Clauses under Insurance Policies
June 2011It is common for Insurers (whether insuring against Death, Disability or other potential losses) to avoid payment liability by relying on Exclusion Clauses set out in the Policy document.
Section 54 of the Insurance Contracts Act (1984) Cth was...
Mortgage Stress…Saving your Home
May 2011In recent years many home and business owners have experienced “Mortgage stress”. Similarly, many of the large finance lenders have resorted to Court Proceedings to obtain possession control and ultimate sale of land and other assets provided as...
Landlord and Tenants Disputes – Residential Tenancies
March 2011In January 2011 the NSW Parliament passed the Residential Tenancies Act (2010) (the Act).
The Act applies to all “Residential Tenancy Agreements” in the State of New South Wales. It contains some significant provisions, including the following...
Sub Contractors and Payment Claims
March 2011A recent change to the Building and Construction Industry Security of Payment Act (1999) (SOP Act) gave Building Sub Contractors a direct right against Principal Contractors for payments due to Sub Contractor.
Overcoming many of the problems of...