Publications
Project Lawyers produce a range of publications in their specialist areas of expertise designed to keep you informed about legal developments potentially relevant to your project, business or personal affairs. These publications are for general information purposes only. Please contact our team should you require any information regarding the contents of these publications.
RECENT PUBLICATIONS
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Hardship Claims under the Just Terms Act – New Right of Review
Owners of land reserved for a public purpose, such as future road widening, trunk drainage or public open space, must typically wait for the acquiring authority to take the necessary steps to acquire the land. That process can take several years. The only exception...
Subdivision Applications and the Need for a Separate Application Demonstrating Built Form Outcomes – Court upholds the Parrott Planning Principal
In the recent decision of Rudder Developments Two Pty Ltd v Inner West Council [2017] NSWLEC 1132, the Land and Environment Court upheld the planning principle that where the proposed allotments are smaller than usual, environmentally sensitive or where significant...
The Pitfalls of Poorly Managed Adjudication Applications under the SOP Act
The phrase “punctilious compliance” aptly sums up the approach required by applicants and respondents in dealing with adjudication applications under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act"), as noted in the judgment of...
Introduction of ‘Buy Back’ Option for Dispossessed Land Owners
One of the more interesting amendments to the recent reforms introduced by the Land Acquisition (Just Terms Compensation) Amendment Act 2016 (NSW) ("Amendment Act"), which took effect on 1 March 2017, is the potential option for dispossessed land owners to buy back...
The Horse has Bolted – Injunctive Relief Denied after Disputed Payment is Made
It is a well a known principle that a respondent to an adjudication determination made under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") who claims that the determination is infected by a "reviewable error" may obtain...
The Existence of a Reference Date is a Precondition to a Valid Payment Claim under the SOP Act – The High Court has the Final Word
The Building and Construction Industry Security of Payment Act 1999 (NSW) ("SOP Act") provides a fast track procedure for construction contractors and suppliers to be paid progress payments provided that certain preconditions are satisfied. It was generally accepted...
