We also summarise what you need to know about the NSW Building and Development Certifiers Regulation 2020 and report on recent decisions from the Federal Court of Australia, the NSW Supreme Court and Court of Appeal, the Qld Supreme Court and the County Court of Victoria. Topics of interest include the service of payment claims in Victoria, the importance of considering a party's own conduct when deciding whether to challenge an arbitral award in Queensland, the operation of the statutory limitation period under section 6.20 of the Environmental Planning and Assessment Act 1979 (NSW), the effect of suspending works on accrued rights to a progress payment and the steps that a principal or principal's representative should to take prior to issuing take out notices in New South Wales.
Legislative update
New South Wales
- The NSW Building and Development Certifiers Regulation 2020: What you need to know | Building and Development Certifiers Regulation 2020
In courts around the world
England & Wales
- COVID-19 – a valid reason to postpone an adjudication? | MillChris Developments Ltd v Waters [2020] 4 WLUK 45
In the Australian courts
Commonwealth
- Knowing the relevance of a question before it is asked | Ehrke v Australian Building and Construction Commissioner [2020] FCA 267
New South Wales
- A take on take out notices and show cause notices | Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty Ltd [2020] NSWCA 25
- Construction sites – Who is really in control? | Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd [2020] NSWCA 41
- Suspension does not affect accrued rights to a progress payment | Parrwood Pty Ltd v Trinity Constructions (Aust) Pty Ltd [2020] NSWSC 208
- Builders beware – the EP&A Act statutory limitation period may not always be available | Sydney Capitol Hotels Pty Ltd v Bandelle Pty Ltd [2019] NSWSC 1825
- How do you construe an irrevocable waiver in a deed? Does privity entitle any party to a deed to enforce a covenant in it? | Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
Queensland
- Directors on notice! The QBCC does not always need to notify of its decisions | Crocker v Queensland Building and Construction Commission [2020] QSC 24
- Natural justice claims are not always found at the end of the rainbow! | Rainbow Builders Pty Ltd v State of Queensland [2020] QSC 25
Victoria
- Pitfalls of trusting third parties – payment claims under the Security of Payment Act | Rudyard Pty Ltd v ASEA 1 Pty Ltd [2019] VCC 1995
