The Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2019 (Cth) (“the Act”) came into effect earlier this year to combat Phoenix activity. Illegal Phoenixing arises when the assets of a company are transferred for minimal, if any, value to a related company to avoid payment of the transferor company’s debts. Commonly, the transferor company is … Read more New Laws Introduced to Combat Illegal Phoenixing
In response to the COVID-19 situation, the Government has announced the implementation of a mandatory code of conduct (“the Code”) regulating relations between commercial landlords and tenants whose business turnover may be affected by the current restrictions in place. This includes retail, office and industrial leases. The premise of the Code is to impose ‘good … Read more Commercial Leasing ‘Code of Conduct’
You are setting up a new business and getting excited about its upcoming launch. Or perhaps you have been in business for a while and want to know more about protecting your business’ reputation and profits. You have registered your chosen Business Name on the Australian Business Register and reserved a domain name for your … Read more What’s in a Name? The Difference between Business Names and Trade Marks
Amendments to the Building and Construction Industry Security of Payment Act 1999 (the Act) passed on 21 November 2018 will be commencing on 21 October 2019. The amendments will apply to all Construction Contracts entered into from 21 October 2019 with the existing regime to continue to apply to all previous contracts. The amendments bring … Read more Security of Payment Law Amendments: How to claim Progress Payments Post 21 October 2019
# This Article was updated on 1 August 2019 following the announcement by the NSW Government that the commencement date of legislation amending the security of payment laws will be 21 October 2019, and the release of amendments to the regulations. On 21 November 2018 the NSW Government passed the Building and Construction Industry Security … Read more Amendments to Security of Payment Laws in NSW to Commence on 21 October 2019
Farah Custodians Pty Limited v Commissioner of Taxation (No 2)  FCA 1076 In this matter, Farah Custodians Pty Limited sought leave to amend its pleadings in its claim against the Commissioner of Taxation to include claims in negligence arising from the Commissioner’s payment of tax refunds owed to Farah into a fraudulent account. The … Read more Federal Court says it is Reasonably Arguable that the ATO Owes Taxpayers a Duty of Care at Common Law
Long before I was a Construction Lawyer, I was a Construction Manager for one of Australia’s top tier building contractors. In this article I have set out some simple and practical tips for effective contract management based on my experience in both construction and law. This article will be particularly relevant for growing contracting businesses … Read more Mid Tier Construction Contracting Essentials: How to make it and not go broke.
Disputes and withheld payments are common occurrence in the construction industry. Contractors and suppliers operate with increased risk of these occurrences if they are not prepared to use the Building & Construction Industry Security of Payment Act 1999 (“the Act”) immediately when a problem arises. I regularly get people downloading our Security of Payment Guide looking … Read more Will your business be able to rely on the Security of Payment Laws when it counts? The single most important thing to do.
The article below was published in the Hunter Business Review October 2015 Issue. The Building & Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) is unlike any other law in the country (apart from its interstate equivalents). The purpose of the Act is to improve cash flow for contractors, suppliers and professionals in the … Read more Hunter Business Review Article: Security of payments: dates, deadlines & traps
When I ask clients whether a written contract was in place or whether variations had been documented, too often I receive the following response “no there was no contract, we just agreed to it” or “I didn’t think it was necessary it was a small job“. Firstly, it is an incorrect assumption that just because … Read more Common Misconceptions about Contracting in the Building & Construction Industry and what to do to avoid getting caught out.