Each state and territory in Australia has a distinct construction security of payment legislative framework in place. This can present uncertainty and pose a challenge for industry stakeholders, particularly principals and contractors that operate across multiple states and territories in Australia.
In order to assist, we have prepared an Australia-wide comparison table of every security of payment legislation in place. You can download the table by clicking on the image below.
Our comparison table also highlights the difference in approach between Queensland, New South Wales, Victoria, South Australia, Tasmania and the Australian Capital Territory’s ‘east coast model’, and Western Australia and the Northern Territory’s ‘west coast model’. This table includes new amendments to the Queensland Building Industry Fairness (Security of Payment) Act 2017, the most recent of which commenced operation on 1 October 2020.
Understanding how these frameworks operate is critical to ensuring your business understands its rights and obligations under construction contracts, the avenues available to contractors to rapidly pursue payment and the consequences for failing to deal with payment issues promptly and in accordance with the legislation.
If you need assistance with pursuing or defending claims for payment under the various construction industry security of payment legislation in any State or Territory in Australia, email or contact Nathan Chalmers [email protected] (+61401641315) for more information.
