The High Court recently handed down judgment in Maxcon Constructions Pty Ltd -v- Vadasz. Relevantly, the construction contract between the parties provided that the retention sum was to be released upon the issue of a certificate of occupancy under the Development Act 1993 (SA). The High Court held that this provision constituted a “pay when […]

What benefit does the recent decision of the High Court of Australia of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd have for subcontractors under the Security of Payment Legislation? Our partner Justin Mathews – an accredited specialist in commercial litigation and leader of our building and construction litigation team – explains. The […]

There is finally some good news for Gold Coast subcontractors. The Building Industry Fairness (Security of Payment) Act 2017 (“BIFSPA”) has been passed by state government but as at 1 February, 2018 it has not commenced.  Upon commencement, it will have major reforms to the building and construction industry in Queensland.  The BIFSPA provides for new […]