Contract is King: High court case provides certainty regarding Casual Employees
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 it comes to determining the relationship between employer and employee.The “commitment test” in the lead judgment is a test on whether the parties had the same intention determined by the […]
The realities of enforcement under SOPA
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 using the SOPA regime. The following factors can greatly increase your costs of using SOPA: THE IMPORTANCE OF BEING SOPA COMPLIANT From signing a contract, to administering the contract through […]
July 2021 Update
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 in the context of some COVID issues such as construction delays, and shortages in material. Many of our clients are surprised at how expensive and challenging the process of enforcing […]
Casual employees now defined under Fair Work Act
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 Act). This Bill has now been passed. Changes to be aware of:A person is a casual employee if they accept a job offer from an employer knowing that there is […]
How to recover your Debts
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 methods include: Letter of Demand A letter of demand is a formal demand for payment and generally sets out the consequences of non-payment, which is usually legal action. A letter […]
June 2021 Update
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 debt recovery. In this month’s newsletter, we’ll review some debt recovery methods that are suitable for contractors and subcontractors in the construction industry. We describe some of the methods and […]
Liquidated Damages and the Prevention Principle
CASE STUDY – Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd & Ors [2021] VSCA 69 What is the Prevention Principle? The ‘prevention principle’ is a legal doctrine that protects a subcontractor from liquidated damages for delays caused by the principal / main contractor.The basic idea:A party should not be permitted to […]
Lacrosse Appeal: Findings and Implications of Judgement
CASE STUDY – Tanah Merah Vic Pty Ltd v Owners Corporation No 1 and Ors [2021] VSCA 72 Background At around 2:23am on 24 November 2014 a fire broke out at the Lacrosse apartment tower (Lacrosse) which started from an incompletely extinguished cigarette butt left to burn out in a plastic container. The fire spread […]
General construction clauses you should really know 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 likes contracts (except maybe us lawyers), but it is a vital risk allocation document.But before you sign the dotted line, here are some general clauses that you should really know […]
Excluded amounts and payment claims under the Security of Payment Act (VIC)
CASE STUDY – Yuanda Vic Pty Ltd v Façade Designs International Pty Ltd [2021] VSCA 41 Facts of the Case Facade Designs agreed to install façade elements manufactured and supplied by Yuanda as part of the construction of commercial and residential towers at 447 Collins Street known as ‘the Arch on Collins’ for the price of […]