In the dynamic world of construction, navigating payment disputes is just part of the job. For years, the Security of Payment Act (SOPA) has been a crucial tool for contractors in New South Wales (NSW) to ensure they are paid promptly for their work. However, recent developments have broadened the scope of SOPA, particularly concerning...

Timely and secure payment is crucial for businesses, especially in industries like construction, where late or disputed payments can cause financial strain.  While each State and Territory in Australia has introduced security of payment (SOP) laws, there is no national framework. This article explores whether Australia should consider introducing nation-wide SOP laws. The Current State...

Introduction Australia’s Security of Payment (SOPA) legislation, such as the Building and Construction Industry Security of Payment Act 1999 (NSW) and equivalent statutes across Australian jurisdictions, establishes a rapid adjudication process for resolving payment disputes in the construction industry. The legislation was enacted to address systemic cash-flow problems in the industry by ensuring that contractors...

The Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) is intended to promote cash flow in the construction industry by enabling parties who undertake construction work or supply related goods and services to obtain prompt interim payment. The statutory regime is frequently described as embodying a “pay now, argue later” philosophy, under...

The Supreme Court of New South Wales has introduced Practice Note SC Gen 23 (“Practice Note”), which came into effect on 3 February 2025, setting out strict guidelines for the use of Generative Artificial Intelligence (“AI”) in legal proceedings. This move comes as courts grapple with the challenges and opportunities AI presents in legal practice,...

The real estate industry is increasingly being placed in the spotlight for its potential involvement in illicit financial activities such as money laundering and terrorism financing (albeit inadvertently). In response to these growing concerns, the Australian government has significantly reformed its Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) regime. These changes are designed to make it...

The global mergers and acquisitions (M&A) landscape in 2025 is poised for a robust year, building on the momentum of a strong 2024. With dealmakers optimistic amid improving capital markets and a more favourable interest rate environment, legal trends and economic policy—particularly from the United States and China—are playing an outsized role in shaping both...

Joint venture arrangements can take many forms, and the final structure is usually selected after careful consideration of the commercial and other tax requirements of the joint venture parties. For income tax and other related reasons, a unit trust structure is often utilised instead of a corporate joint venture structure or a partnership agreement.  One...