The idea in brief: In 2019, as part of a long running prior-election promise to tackle reform to the building and construction industry, the Queensland Government commissioned two reviews: the Building Industry Fairness Reforms Evaluation and Implementation Panel, (the Panel Review) tasked with reviewing the effectiveness of security of payment laws in the building and construction industry; and the Special Joint Taskforce, which investigated complaints of …
BIF Act Review
As you may know, the Building Industry Fairness (Security of Payment) Act 2017 (the BIF Act) required the Minister for Housing and Public Works to appoint a Building Industry Fairness Reforms Evaluation and Implementation Panel (BIF Act Review Panel) to undertake a review of the operation and effectiveness of the 2017 suite of building and construction reforms and prepare a report of the outcome of its findings. The appointed BIF Review Panel has now released its report. The panel made 20 …
Federal Government Senate Committee inquiry into mine closure projects fails to reach consensus
The idea in brief: Mine rehabilitation is a key aspect of the resource project life cycle. The failure of inadequate rehabilitation can lead to significant environmental issues – and substantial costs for industry stakeholders, and in their failure or absence, the Australian taxpayer. In February 2017, the Australian Senate referred the Environment and Communications References Committee to inquire and report on the “rehabilitation of mining and resources projects as …
Relatively unknown Queensland law sees builders and developers exposed to strict liability
Under the common law in Australia, a landowner has the right to not have the physical support of that land removed by another person. In Queensland, s179 of the Property Law Act 1974 (Qld) extends this concept further, making it unlawful for any person to do anything on or below land which withdraws support from either: another person’s land; or any building, structure or erection that has been placed on or below another person’s land. This means if, in the process of …
New year, new laws: As the Christmas ‘shutdown’ period ends – what do you need to do to ensure that your business is prepared for a new year of construction payment claims in Queensland?
As most are already aware, the closing weeks of 2018 brought with them the commencement of a revised security of payment regime in Queensland in the form of the Building Industry Fairness (Security of Payment) Act 2017 (or, the BIF Act). However, the impact of the revised regime has not been felt yet because the traditional Christmas shutdown period (22 December to 10 January, each year) which suspends time for processes/actions under the BIF Act followed shortly after the new laws …