21st December 2011
The Christmas shutdown period can cause a lot of claimants under the Building and Construction Industry Security and Payment Act (1999) NSW (the Act) to gain the upper hand by serving a payment claim when people are no longer in their office.
28th July 2011
The role of liquidated damages in payment schedules under the Victorian Building and Construction Industry Security of Payment Act 2002: The case of Seabay Properties Pty Ltd v Galvin Construction Pty Ltd & Anor [2011] VSC 183
28th July 2011
By Stuart Brady, Emanuel Confos
Until recently it had been understood within the NSW building and construction law community that, apart from very limited circumstances, the Supreme Court of NSW was not able to grant relief on an application for judicial review of a determination of an adjudicator made under section 22 of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).
4th March 2011
On 28 February 2011 the Building & Construction Industry Security of Payment Act (the Act) changed in a significant way that affects all those undertaking work to which the Act applies. This article does not propose to cover off the more general aspects of the Act but to focus specifically on the most recent amendments.
16th November 2010
By Stuart Brady, Steven Choi, Emanuel Confos, Kate Meikle, Henrietta Watts-Russell
On 12 November 2010 in the decision of Parsons Brinckerhoff Australia Pty Limited v Downer EDI Works Pty Limited (Parsons v Downer) his Honour Justice Hammerschlag of the Supreme Court of New South Wales emphasised the dangers to any party to a construction contract in not specifying in the contract its “ordinary place of business” and not maintaining effective structures to ensure payment claims are properly dealt with.
20th September 2010
By Emanuel Confos, Amanda Hempel
Click here for a link to our broadcast with Emanuel Confos, Partner providing an in-depth overview of the Energy Efficiency Disclosure Act 2010 and examines the new disclosure requirements for owners, landlords and tenants in relation to the energy efficiency of certain commercial buildings.
1st September 2009
By Emanuel Confos, Amanda Hempel
A copy of the article ‘Mandatory Disclosure of Commercial Building Energy Efficiency’ written by Gilbert + Tobin Partners Amanda Hempel and Emanuel Confos and Special Counsel Noni Shannon.
21st November 2008
By Emanuel Confos, Amanda Hempel
With the impending commencement of the Carbon Pollution Reduction Scheme (CPRS) and the new look National Renewable Energy Target Scheme (NRET), the Commonwealth Government has recognised that there will be greater emphasis on renewable energy projects in Australia, in particular wind farms. As a result of increased investment and development opportunities there will be a corresponding need to improve guidance and certainty in respect of the development, assessment and operation of wind farms. This is particularly important for key stakeholders in any wind farm proposal being developers, investors, financiers, local government and the community.
