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The Eternal ‘Battle of Forms’ – Purchase Orders v Quotations

25 June 2020 | Construction & Infrastructure |

A constant problem in construction and procurement is parties arguing about whose terms apply when both have issued their standard terms.  …

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An interview with Levi Gardner from CRE Insurance

23 June 2020 | Construction & Infrastructure |

In an interview with Levi Gardner from CRE Insurance, Simon Forsteling discusss whether current policies held by or readily available to builders and designers are likely to meet insurance requirements of the Design and Building Practitioners Bill 2019.

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Security of Payment Act – Securing your Cashflow during the Pandemic

19 June 2020 | Construction & Infrastructure |

We understand that cashflow is difficult to maintain in during this pandemic, particularly for the construction industry when site operations have been scaled down to comply with the current social distancing measures.

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Bolstering Consumer Confidence – the practicalities of the Design and Building Practitioners Bill 2019

16 June 2020 | Construction & Infrastructure |

The Design and Building Practitioners Bill (the Bill) has now been passed as of 3 June 2020 and assented on 11 June 2020. An overview of the major reforms introduced by the Bill were discussed in our previous article here. This article digs deeper into the detail of the Bill, and looks at some of the more practical implications on builders and designers.

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Why a Will is Essential

01 June 2020 | Estate Planning |

“I don’t need a Will – I am young and I don’t own anything!” I often hear this from young people and it worries me because it just isn’t right. Particularly considering current world events, I feel compelled to take a moment to set the record straight. If you are over the age of 18, you need a Will and here are the reasons why

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Time and Delay Costs for Provisional Sum ‘Blow-Outs’

20 May 2020 | Construction & Infrastructure |

There is a concerning trend in modern construction contracts to use the provisional sum mechanism as a buffer which can be drawn on to cover variations without impacting the contract sum, or for scope items for which there is a lack of design/engineering detail.

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COVID-19 ALERT #4

01 May 2020 | COVID-19 |

In our COVID-19 NEXUS Alerts #2 and #3, we looked at the Commonwealth and NSW legislative measures which had been introduced to mitigate the impact of COVID-19 pandemic on certain commercial and retail leases – with detail being proposed to follow via specific state and territory regulations being adopted. NSW has now enacted its regulations.

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Covid-19 Update – New rules for signing your Will and Power of Attorney

23 April 2020 | COVID-19 |

The NSW Government have brought regulations to remove the requirement that a witness be physically present when witnessing the execution of certain documents.

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When good hedges go bad

22 April 2020 | Land & Environment Court |

What can we do when our neighbour’s hedge grows a little too high and starts to impact on our views or access to sunlight?

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Not objecting to proposed developments can narrow your options

22 April 2020 | Land & Environment Court |

Every so often we receive a letter in the post from the local council advising that a development is proposed next …

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COVID-19 ALERT #3

20 April 2020 | COVID-19 |

$130B JobKeeper Package: What’s it all about? The Government has committed to a $130B package under which businesses, self-employed and non-for-profits significantly impacted by the COVID-19 outbreak will be able to access a $1,500 wage subsidy per fortnight per ‘eligible’ employee until 27 September 2020.

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COVID-19 Pandemic – Variation of Awards

14 April 2020 | COVID-19 |

In a decision on 8 April 2020, the FWC varied most awards. Every employee will be entitled to take up to 2 weeks’ unpaid leave if required to self-isolate. An employee and their employer may agree to the employee taking twice as much annual leave on half pay (including leave loading).

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COVID-19 NEXUS ALERT #2

09 April 2020 | COVID-19 |

The Federal Government has introduced a new Code which outlines a set of Commercial Leasing Principles (to apply for the term of the JobSeeker programme) – which essentially requires good faith negotiations between certain tenants and landlords to address the disruption caused by COVID-19.  Each state and territory will make necessary changes to its legislation to provide greater clarify around the application of the Code.

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COVID-19 NEXUS ALERT #1

30 March 2020 | COVID-19 |

NSW Emergency Measures Legislation – to address the COVID-19 pandemic (focus on retail and residential lease implications): NSW legislation has been brought in to implement emergency measures to address issues arising out of COVID-19. 

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