• Complexities of Conversion Factors in Construction Contracts: An Appeal under the NSW Building and Construction Industry Security of Payment Act 1999 - The recent decision of McNab Building Services Pty Ltd v Demex Pty Ltd [2022] NSWSC 1441 is a timely reminder of the importance of ensuring that claims and adjudications under the Building and Construction Industry Security of Payment Act 1999 (Act) regime are clearly articulated, valued in accordance with the relevant construction contract and fall within the parameters of the Act. If not, the parties face the serious risk of the determination being set aside – at significant cost to all involved.
• Peak Indebtedness and Set-Offs – High Court Provides Clarity on Unfair Preferences - The High Court’s recent decisions in two insolvency matters will have significant implications for creditors and insolvency practitioners with respect to voidable transaction claims and unfair preference claims.
• Privacy Law Reforms – 16 Key Takeaways - The Attorney-General’s Department has released its Privacy Report, which proposes significant changes to Australia’s privacy laws affecting businesses and individuals. We highlight 16 key takeaways from the Privacy Report.
• Security Of Payment: One Claim After Termination, and Actual Receipt Is Key - The Supreme Court of NSW has answered the question or whether the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) allows for just one claim after termination of a contract, and again confirmed that actual receipt is critical in disputes about service.