2014 - articles & insights

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Commercial Construction and a Duty of Care

Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 The High Court of Australia has unanimously held that Brookfield Multiplex Ltd (Brookfield) did not owe a duty of care to prevent economic loss suffered by the Owners Corporation in a strata-titled complex it constructed. Brookfield was in fact not liable to Owners Corporation Strata …
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Asbestos Register

If you are in management or control of a workplace, then you must keep an asbestos register – a document that lists all identified or assumed asbestos in a workplace. If asbestos has been identified and you do not have a register, then penalties of up to $18,000 may apply.1 The register should be reviewed at …
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Product Safety Recall – Electrical Cable

Please be advised that on 27 August 2014 the Australian Competition and Consumer Commission (ACCC) released a Product Safety Recall of all, INFINITY & OLSENT branded Infinity TPS (flat and flexible) & Orange Round low voltage electrical cables of all sizes, configurations and models that are polymeric insulated and PVC sheathed/insulated The safety recall is …
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The PPSA and Equipment on Site

The Personal Properties and Securities Act (2009) (Cth) (PPSA) is a law about security-interests which applies to all personal-property Australia wide.[1] The PPSA has created a national register over security interest called the Personal Property and Securities Register (PPSR). The PPSR has replaced over 70 national registers which previously dealt with registered security interests over …
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More government control planned for the NSW construction industry

On 30 October 2013 the New South Wales Legislative Assembly passed the first of a number of proposed amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) (“Security of Payment Act”)  that will change the construction legal landscape in New South Wales for many years to come. All that is required …
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Contracting essentials for lawn mower mechanics – Part 1

A contract is like a lawn mower. Each has about 50 operable parts, some are dangerous, others fuel the engine and others clean up and catch the grass. Welcome to your first lesson on the contracting essentials for lawn mower mechanics. This first article will focus on the terms that are the dangerous parts. These …
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Contracting essentials for lawn mower mechanics – Part 2: Throttle and fuel

Welcome to your second lesson on the contracting essentials for lawn mower mechanics. This second article will discuss the ‘throttle and fuel’ of the contract. These clauses keep the machine running. They outline how money is to flow between Principal and Contractor as well as any other requirements which facilitate the operation of the Contract. …
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Contracting essentials for lawn mower mechanics – Part 3

Welcome to your third lesson on the contracting essentials for lawn mower mechanics. This third article will discuss the ‘cleaning up’ of the contract. These clauses keep the ground tidy and clean up after the operation of a lawn mower. They outline what must be done by both parties prior to the works at the …
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