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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Insolvent? You can still serve a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW)
On 17 February 2023, Ball J delivered the decision of Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd [2023] NSWSC 99. His Honour held that companies facing...
Pleading with precision under the Design and Building Practitioners Act 2020 (NSW)
On 18 April 2023, Justice Stevenson delivered the decision in the matter of The University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383. His Honour highlights the importance of pleading with a degree of precision, namely in relation to the statutory...
No VPA, No Worries – Dedication of land for a road without a VPA
On 2 March 2023, Commissioner Horton handed down the decision in the matter of Urban Apartments Pty Ltd v Penrith City Council [2023] NSWLEC 1094. Commissioner Horton accepted that consent for a development application for subdivision that incorporates a proposal to...
New regulations surrounding the Design and Building Practitioners Act 2020 implemented in NSW
The Building Legislation Amendment (Building Classes) Regulation 2023 (Regulation) was published by the NSW Government on 24 February 2023 and brought with it a raft of changes that are expected to affect builders, developers, owners corporations and more generally,...
Emergency remedial building work permitted under the Design and Building Practitioners Act 2020
There has been uncertainty regarding the applicability of the Design Act to emergency rectification work. This uncertainty has paved the path for NSW Fair Trading to issue a guideline explaining the obligations for emergency remedial building work under the Design and...
Are you a concurrent wrongdoer? Proportionate liability applies to claims under the Design and Building Practitioners Act 2020
On 23 February 2023, the NSW Supreme Court handed down its decision in The Owners – Strata Plan No 84674 v Pafburn Pty Ltd [2023] NSWSC 116. Justice Rees confirmed that if a defendant is in breach of the non-delegable statutory duty of care under section 37 of the...
