Prepare for Upcoming Changes in Victorian Security of Payment Laws

At Level Playing Field we are extremely excited about 2025! After 19 long years, the Victorian Security of Payment Laws will finally be amended. We started preparing adjudication applications in 2012. Having worked as head contractors and subcontractors, we had big dreams about this piece of legislation – to increase accessibility for Victorian contractors and […]

Leveling the Playing Field: How CICA’s New Template is Changing the Crane Industry

At Level Playing Field Lawyers, we’re proud to announce a landmark collaboration with the Crane Industry Council of Australia (CICA).  As part of our ongoing commitment to improving the construction industry, we were engaged to prepare  CICA’s new Service Agreement Template—a resource designed to streamline contracting, improve safety, and foster greater efficiency in the crane […]

Know Your Rights When Claiming Rectification Costs!

If you’re a subcontractor working under the Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act), it’s crucial to understand how to properly claim rectification costs and avoid getting caught in disputes over “excluded amounts.” A recent court case, Hanson Construction Materials Pty Ltd v Decmil Australia Pty Ltd [2024] VSC 361, […]

HAVE A COMPLEX BUILDING MATTER IN VCAT? IS VCAT THE CORRECT JURISDICTION? 

Consider the effect of the recent decision in Plunkett v Portier Pacific [2024] VCAT 204.  Facts The Respondent in this matter applied to have the proceeding struck out and referred to the Supreme Court of Victoria under section 77 of the VCAT Act for reasons including complexity, the claimed amount being over $1 million, number […]

Enforcement of Sopa Judgment

Case Summary: McDonald v MAK Constructions and Building Services Pty Ltd [2024] NSWCA 63 Background: In early 2022, a residential building contract between Ms. McDonald (the owner) and MAK Constructions (the builder) was terminated due to breach. The builder sought payment for work done under the Security of Payment Act (SOPA), while the owner pursued […]

Lessons from Recent Construction Disputes

Dispute about Dry Hire Agreement We acted for a crane company (Owner) that was engaged by another crane company (Hirer) under a dry hire arrangement. The hire agreement continued for a number of years. A dispute arose about unpaid hire charges and damage to the crane. The Owner promptly recovered the crane but was unable […]

Closing the Loopholes Bill

Group of construction workers standing on concrete formwork wearing yellow safety jackets. The sun is casting a long shadow behind them.

Equal pay for subcontractors in labour hire agreements Key Points regarding ‘Labour Hire Loophole’ Which businesses in the construction industry are affected? Businesses who engage or provide labour for example: What are labour hire agreements? Before the legislative change? Changes in law Are there exclusions? Same job, same pay means that if a company engages […]

Industry Advocacy

On 19 May 2023, Level Playing Field prepared a parliamentary submission to: Inquiry into employers and contractors who refuse to pay their subcontractors for completed works – Report Tabled today We are excited to announce that the Legislative Assembly Environment and Planning Committee has provided some recommendations including to: The Report makes numerous references to Level Playing […]

New laws set to give Independent Contractors more rights in a contract

There are proposed laws that are set to give independent contractors more control over their work. What’s the change? Independent contractors will be able to make claims as if they are an employee if they are in an unfair contract. This could include claims for unpaid employment entitlements like sick leave or annual leave. Key […]