Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.

On 1 September 2020 the NSW Government released the Building and Construction Industry Security of Payment Regulation 2020 (“the Regulation”) which, among other things, will drastically change the way residential builders and homeowners resolve disputes about progress payments after 1 March 2021. The Regulation, which otherwise made minor changes in relation to Retention Money Trust … Read more Recent changes to Security of Payments Regulations a game changer for NSW Residential Builders’ ability to Resolve Disputes and recover Progress Payments Promptly.

Deadline to Amend Discretionary Trusts to Avoid Surcharge Duty and Tax

In 2019, the NSW Government proposed various changes to duty and land tax law in NSW which came into effect on 24 June 2020 The State Revenue Legislation Further Amendment Act 2020 (NSW) (“the Act”). The Act has significant implications for discretionary trusts, in particular, the proposed changes made it so trustees of discretionary trusts … Read more Deadline to Amend Discretionary Trusts to Avoid Surcharge Duty and Tax

High Court Decides Historic Personal Leave Case by Clarifying the Accrual Procedure

In a defining industrial law matter, the High Court of Australia has quashed arguments that personal leave is calculated based upon the number of hours a worker does per day when accruing leave under the National Employment Standard & Fair Work Act 2009. The determination by the High Court is a significant and positive decision … Read more High Court Decides Historic Personal Leave Case by Clarifying the Accrual Procedure

Apartment Building Completion Notices & Audits

If you build Class 2 buildings you need to be across this. The Residential Apartment Buildings (Compliance and Enforcement) Powers Act 2020 (the Act) Commenced 1 September 2020. The Act requires that a builder or developer of a Class 2 building (apartment building), or a building with a Class 2 part, must provide the Department … Read more Apartment Building Completion Notices & Audits

Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law may apply.

When a builder carries out residential building work, their work is covered by the statutory warranties which apply under the Home Building Act. The warranties include: that the work will be performed with due care and skill, that the work will be in accordance with any plans and specifications set out in the contract, that … Read more Residential building contracts under $40,000.00 – What if the time limit for a statutory warranty claim has passed? Consumer guarantees under The Australian Consumer Law may apply.

New WHS Regulations

The NSW Government has, as part of its review and update of state WHS laws (see https://robertslegal.com.au/nsw-health-and-safety-act-amendments-passed/), introduced new regulations dovetailing into recent changes in the Work Health & Safety Act (NSW) 2011 that all business should consider and ensure that they are compliant with. The Work Health & Safety Amendment (Miscellaneous) Regulation 2020 commenced … Read more New WHS Regulations

Significant WHS penalties for local Newcastle business

A local Newcastle company, Landmark Roofing Pty Limited, have been fined $400,000.00 over the death of an inexperienced worker in the NSW District Court by Judge David Russell on 7 August 2020. Judge Russell found Landmark guilty of breaching sections 19 and 32 of the Work Health and Safety Act (NSW) 2011 following the death of … Read more Significant WHS penalties for local Newcastle business

Covid Update for Hospitality Venues

Make sure you collect accurate personal information of your customers and be careful how you use it A weekend crackdown by Health and Safety Inspectors across 410 licensed venues and hospitality premises in NSW has resulted in $50,000 worth of penalty infringement notices for breaches of COVID safety. Most of those breaches were due to … Read more Covid Update for Hospitality Venues

Does your Business fall within the Requirements of the Privacy Act?

Depending on your business’ annual turnover and how it deals with ‘personal information’, your business may be covered by the Privacy Act 1988 (Cth) (“the Act”) and need to also comply with the 13 Australian Privacy Principles. Whilst the requirement to have a Privacy Policy are not applied across the board, as business’ increasingly grow an online presence and gain access to personal information, it is risk adverse to … Read more Does your Business fall within the Requirements of the Privacy Act?

Liquor licensing – get it right early or prepare to play the long game

Whether you are setting up a new business in which you intend to serve liquor or you are purchasing an existing business with or without a licence, there are several factors that can be easily overlooked when it comes to liquor licensing. In NSW, most businesses require a liquor licence to sell or serve alcohol. … Read more Liquor licensing – get it right early or prepare to play the long game