Construction Law Update August 2018

35 minutes  30.08.2018 Richard Crawford
This month we headline with the current public consultation on draft reforms to the New South Wales security of payment regime.

Tips on managing security of payment cases also feature in this month’s edition; in New South Wales on the latitude that adjudicators have in making determinations, in Queensland a mandatory precursor to accessing remedies, in Victoria the risk of incomprehensible reasons for the upholding by courts of adjudication determinations.

Uncertainties remain regarding liability of developers and builders under statutory warranties for design defects in New South Wales residential building work.

Your August 2018 edition is now available.
You can also access past editions.

Legislative update

New South Wales

  • Bill proposes stricter obligations and penalties for NSW Security of Payment Act  |  Building and Construction Industry Security of Payment Amendment Bill 2018 (NSW)
  • New ban on combustible cladding in NSW  |  Building Products (Safety) Act 2017 (NSW)

In the courts

New South Wales

  • Liquidator clawback risk: Head contractor pays creditors of subcontractor under industrial pressure  |  Hosking v Extend N Build Pty Ltd [2018] NSWCA 149
  • Adjudication decision withstands irrational and unreasonable appeal   |  Pinnacle Construction Group Pty Ltd v Dimension Joinery & Interiors Pty Ltd [2018] NSWSC 894
  • Consumer protection warranties in the Home Building Act – developers and builders beware  |  The Owners – Strata Plan No 66375 v King [2018] NSWCA 170


  • Variations to contract, unsatisfactory performance and breach of contract not sufficient to discharge surety upon proper construction of contract and guarantee  |  Mineralogy Pty Ltd v BGP Geoexplorer Pte Ltd [2018] QCA 174
  • Unless you hold a licence, don't expect recourse under Queensland's security of payment legislation  |  St Hilliers Property Pty Ltd v Pronto Solar Innovations Pty Ltd [2018] QSC 164
  • Nuisance – an illustration of the principles with respect to a statutory body  |  State of Queensland v Baker Superannuation Fund Pty Ltd & Anor; Aurizon Operations Limited v Baker Superannuation Fund Pty Ltd & Anor [2018] QCA 168


  • Is there a bare reason in there? A cautionary tale  |  Nuance Group v Shape Australia [2018] VSC 362



We are a fully vaccinated workplace.

Playing our part in creating a safe workplace and communities.