Contracting out of the duty to act in good faith
Construction contracts can be very one-sided.Two recent NSW cases discuss the concept of good faith in contracts.In the recent decision of Growthbuilt v Modern Touch Marble,
Construction contracts can be very one-sided.Two recent NSW cases discuss the concept of good faith in contracts.In the recent decision of Growthbuilt v Modern Touch Marble,
In a recent Fair Work Commission (FWC) decision, FWC has upheld a company’s decision to immediately terminate a construction industry worker after he attended a
Many people make the mistakes of shrugging off a credit default, mainly because they don’t fully understand how such a record can affect their financial
In late 2018, the Victorian Government made amendments to the Building Act 1993 to introduce a new registration and licensing scheme for tradespeople.Changes will be
An employee may be entitled to workers compensation if they sustain an injury due to the mandatory COVID-19 vaccine and the injury occurred in the
Vaccines have been a controversial issue since vaccinations become mandatory for essential workers. Recent Challenges to Vaccine Mandates Failed Background In the NSW Supreme Court
On 28 August 2021, the Australian Government announced a “No Fault COVID-19 Indemnity Scheme” for patients, health professionals and employers. The aim of the COVID-19
The construction industry in Victoria has been shut for one week now, with another week of shut down to go. Unless you have been living
The recent High Court decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 (4 August 2021) has once again placed contracts as king when
There is often a misconception that referencing SOPA in your payment claims automatically affords you protection under SOPA.In reality, there are many practical challenges to
This month we’ll be discussing the challenges of enforcement under the Security Of Payments Act, also known as SOPA. And how to minimize the risk
Back in our January 2021 e-Newsletter, we spoke about a new Bill being introduced to make amendments to the Fair Work Act 2009 (Cth) (FW
With the End of Financial Year 2021 fast approaching, we discuss how to practically recover your overdue debts in the construction industry. These debt collection
I’m Ping Gangur, the principal lawyer at Level Playing Field Lawyers is the end of the financial year and a good time to talk about
Contracts in the construction industry are very onerous and generally seek to push obligations ‘down the chain’ from developers to builders to subcontractors. No-one really
What is retention? Retention is a fixed percentage of the total payment due for a contract, withheld for a period as security for performance of
What are Excluded Amounts? These are amounts that cannot be considered in an application under SOPA.Liquidated damages are an ‘excluded amount.’ Facts of the case:
Background On 6 November 2020, Federal and State Ministers agreed to extend the unfair contract terms (UCT) law provided by the Australian Consumer Law. What
Do you know the full implications of the risks and costs to your business if you don’t have a good understanding of the contracts you
There are two ways to enforce payments under the Security of payment legislation (SOPA): Adjudication (private Adjudicator); orSummary judgment (Court process). When you receive a
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