Monthly Archives: October 2010

Two takes on the same facts!

Isn’t it interesting how we all look at the world through our own eyes?  Well, it’s pretty obvious really. Decisions of the NSW Supreme Court are generally taken as a good guide to interpreting security of payment acts, because its … Continue reading

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Let’s take a look at the adjudication statistics

The BCIPA (Qld) has just released its 2009 – 2010 adjudication statistics.  They make interesting reading, but what do they mean? 68% of claimants are subcontractors and a whopping 85% of respondents are contractors or head contractors. Contractors, even the … Continue reading

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CFMEU missing the point

I stumbled on the CFMEU(NSW) advice to members on Security of Payment.  Though it is no doubt well intentioned, it really misses the point.  There is not one mention in the entire page of the legislated, orderly, transparent payment process … Continue reading

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NSW extends Court’s powers over adjudication decisions. You MUST get the process right

Adjudicators must consider the timing of notices under the Act when deciding if they have jurisdiction to proceed with a decision. Where notices are not given strictly within the times allowed by the Act, even where the respondent may not have raised an objection in its response, adjudicators should not continue to decide the progress payment. This decision puts much more responsibility on applicants, respondents and their advisers to get the payment process right. Continue reading

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