Legal News
SA Attorney-General’s Department stakeholder briefing on 23 September
2 September 2011
The SA Attorney-General’s Department has now considered the submissions it has received on the proposed regulations and administrative arrangements for the Act, and will be briefing stakeholders on 23 September.
Opposition supports SA Security of Payment Bill
11 July 2011
This article contains an extract from the Hansard record of proceedings in the House of Assembly on 16 July 2009, showing that the Bill is continuing to make slow progress.
SoCLA video-linked event “Concurrency and Non-Critical Delay”
28 June 2011
The Society of Construction Law Australia interactive panel discussion was held on 27th June 2011 via video-link on “Concurrency and Non-Critical Delay”. This event wa broadcast in Australia and New Zealand simultaneously with the help of video conferencing.
SA adjudication legislation could be in effect by December 2011
15 June 2011
At long last, there has been some movement towards bringing the SA legislation into effect by December this year, following a meeting called by the Office of Consumer and Business Affairs.
Law Society President urges regulations to discourage commercial arrangements
20 May 2011
The President of the Law Society has written to the Minister for Consumer Affairs urging that regulations under the Act should discourage commercial arrangements, in particular citing the practice of some ANAs of chaging requiring adjudicators to pay 40% of their fee to the ANA.
Section 52 of the Trade Practices Act 1974 re-enacted
1 January 2011
Section 52 of the Trade Practices Act 1974 has been re-enacted as Section 18 of the Australian Consumer law, which appears as Schedule 2 to the Competition and Consumer Act 2010.
SoCLA podcast recorded at the recent SCL conference in Singapore
19 October 2010
The Society of Construction Law Australia has prepared its 2nd podcast presented by Robert Fenwick Elliott, containing interviews recorded at the recent SCL conference in Singapore on the implications of the recent decision on Chase Oyster Bar v Hamo Industries, and the new uniform Commercial Arbitration Act 2010.
First of the New Commercial Arbitration Acts
7 October 2010
In May of this year, all of the State Attorneys-General of Australia agreed that all States would bring their arbitration laws into line with a model Commercial Arbitration Bill 2010.
Adjudicators’ decisions susceptable to judicial review
24 September 2010
In Chase Oyster Bar v Hamo Industries [2010] NSWCA 190, the Court Of Appeal on New South Wales has decided that adjudicators’ decsions are susceptable to judicial review by way of certiorari.
SoCLA pilot podcast
13 September 2010
The Society of Construction Law Australia has launched a pilot podcast containing news about forthcoming events and activities of the Society, interviews and other items of interest in relation to construction law topics.
Independent Contractors Amendment Regulations 2010
22 July 2010
A potential impediment to the commencement of the South Austrlian Act has now been removed with the passing of the Independent Contractors Amendment Regulations 2010, which received the Royal Assent on 15th July 2010.
Application for disclosure of documents before pleadings
14 July 2010
A decision relating to an application by a plaintiff for early discovery of documents before pleading a Statement of Claim.
Towards harmonisation of construction industry payment legislation
10 July 2010
The paper ‘Towards Harmonisation of Construction Industry Payment Legislation: A Consideration of the Success Afforded by the East and West Coast Models in Australia’ by Jeremy Coggins, Robert Fenwick Elliott and Matthew Bell was delivered in Perth last month.
Robert Fenwick Elliott now a registered NT Adjudicator
17 June 2010
Robert Fenwick Elliott is now registered as an Adjudicator in the Northern Territory.
Adjudication Toolkit
18 February 2010
We have produced an adjudication toolkit for the Building and Construction Industry Security of Payment Act 2009 (SA) on a 2GB USB Flash drive. This contains all of the useful equipment, including an annotated copy of the Act, our flowchart and list of drop dead dates, and all of the legal authorities.
Building and Construction Industry Security of Payment Bill (SA) passed
4 December 2009
The Building and Construction Industry Security of Payment Act 2009 (“the Act”) was passed by the South Australian Parliament on 3 December 2009. The Act is based on the New South Wales legislation, but with some amendments.
Domestic contracts – back to square one for SA?
25 November 2009
John Darley MLC last night (24th November) released his proposed amendment intended to reverse the inclusion of domestic contracts. Tom Kenyon MP has indicated he will support this amendment, which reflects strong criticism of the mixing of the East Coast (default) system with domestic application.
Kenyon Bill is all go
1 November 2009
The Kenyon Bill has been passed by the South Australian House of Assembly, and had its first reading in the Legislative Council on 29th October. It is due for its 2nd reading on 18th November, and the word on the street is that both the government and the opposition are proposing to nod it through.
Adjudication Process and the proposed Security of Payment Bill
20 October 2009
There will be an IAMA forum on the proposed South Australian Security of Payment legislation on 24th November 2009.
Cross-referencing error voids clause
18 October 2009
The Full Supreme Court of South Australia has heard the appeal by Hardesty & Hanover against Justice Anderson refusal to enforce the expert determinations of Colin Fullerton, by which Mr Fullerton ordered Abigroup to pay the professional fees of Hardesty & Hanover for its design and construction support services for the Port River Expressway bridges.