Publications

Did you know that because of the COVID19/Coronavirus The Federal government has taken urgent steps to assist construction companies and other persons from insolvency? The federal government has taken the action to protect construction companies and other people at risk of insolvency given the current crisis. The Federal Government is temporarily increasing the current minimum threshold for creditors issuing a statutory demand on a company under the Corporations Act 2001 from

Saipem Australia Pty Ltd v GLNG Operations Pty Ltd [2017] QSC 294 This case considered the operation of section 67J of the Queensland Building and Construction Commission Act 1991 (Qld) (QBCCA). The law Section 67J of the QBCCA provided that a party to a building contract can recover a security or retention amount owed under the contract, provided they give written notice of their intention to do so etc.  Subsection 2 qualified that in order to be compliant, the notice m

It’s no secret how common it is in these days for businesses and individuals to negotiate and conclude deals via electronic communication such as e-mail and other forms of messaging.  The speed and casual ease in which emails can be exchanged is their attraction. Matters can progress much more quickly and the issues drilled down on faster using this method. The down side is the danger emails represent when they are used for contractual negotiations, and why parties frequentl

The essential answer to that question is that depends on what state you live in. Firstly, what is economic loss? The term economic loss encompasses any situation where an individual or organisation losses money. Financial loss is a visible loss that can be identified through legitimate financial statements. This type of damage is not from a property damage, or any other type of non-economic damages that cannot be proven, it has to be a tangible loss of assets. What is a l

What’s a default judgement? A court will issue a default judgement where a defendant has failed to file a defence.  Once the plaintiff/creditor obtains a default judgement, they will then have twelve years to enforce payment of the judgement debt. It will go on your credit record too. No surprises there. But did you know that if you don’t address the situation enforcement action could be taken against you without your notice? Imagine if payments to you were suddenly redire

From November 2017, the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) introduced reforms to ensure Queenslanders in the building and construction industry are paid for the work they do. The BIF Act repealed the Building and Construction Industry Payments Act 2004 (BCIPA) and the Subcontractors Charges Act 1974 on 17 December 2018. On 17 December 2018, BIF Act provisions commenced that relate to: Requirements for retention monies and security (to be inclu