Will we see more liquidators using SOPA after Seymour Whyte?
The NSW Court of Appeal declined to follow the Victorian Court of Appeal on a key issue of security of payment legislation.
Earlier this year (and not for the first time in the Australian security of payment landscape) an intermediate appellate Court in one Australian State reached a different position on materially identical provisions in the security of payment scheme to that reached by the appellate Court in another State.
In Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in Liquidation)  NSWCA 11, the NSW Court of Appeal declined to follow the Victorian Court of Appeal’s decision in Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd  VSCA 247 on a key issue of security of payment legislation, with the NSW Court of Appeal holding that in NSW, key security of payment processes can be initiated (at least) by a claimant in liquidation.
Considerations for councils when preparing a new procurement policy
By Paul Woods & Sophie Baring
Preparing and adopting a procurement policy.
A mandatory vaccination regime is now in place for construction sites across Victoria
By Dale McQualter & Sarah Tucker
Operators of construction sites are required to collect, record & hold information on the vaccination status of workers
Seabay’s back: Liquidated damages excluded under Victorian SOP Act
By Ben McLeod
The recent Victorian Supreme Court decision of Goldwind Australia Pty Ltd v Ale Heavylift (Australia) Pty Ltd.
Materials shortages in the construction sector – Implications and mitigation tools for developers
Contractors and developers across Australia are grappling with issues of supply shortages.