• New Penalties to be Implemented for Competition, Consumer and Privacy Law Breaches - Significant increases in penalties for competition and consumer law breaches have been passed by Parliament, and are also proposed for privacy law breaches. New penalties have also been introduced for breaches of unfair terms in standard form contracts.
• No ‘one contract rule’ under the Security of Payment Act in NSW - The NSW Court of Appeal has recently considered that there is no ‘one contract rule’ under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act).
• NSW Building Reforms: Overhauling Residential and Commercial Construction - The NSW Government is moving forward with its agenda to transform the building industry to restore public confidence and better protect consumers by releasing four draft pieces of legislation for public comment:
• Proof of Debt Based on Security of Payment Rejected in Winding Up - The Supreme Court of NSW has provided guidance for liquidators and creditors alike in considering when a provable debt in a winding up arises under the Building and Construction Industry Security of Payment Act 1999 (NSW).
• Service under Security of Payment: Actual receipt prevails over contractual deeming provision - The Supreme Court of NSW has recently considered when and how electronic service of a payment schedule is effected under the Building and Construction Industry Security of Payment Act 1999 (NSW) in light of a contractual deeming provision.