Construction disputes have always been among the most complex forms of litigation. However, recent trends in New South Wales suggest that the landscape is changing. Increasingly, the outcome of construction litigation is being shaped not only by legal arguments and contractual interpretation, but by the quality, independence, and credibility of expert evidence. From building defects...

When a person or business becomes involved in a public dispute, the legal issues are only part of the problem. False or misleading statements may have serious and long-term effects on reputations and livelihoods. A dispute may begin with a letter of demand, a social media post, a media article, a Google review or the...

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...

For generations, the Australian middle class was built on a simple social compact: work hard, buy a home, raise a family, invest prudently, and retire with dignity. The “aspirational middle class” — teachers, tradies, professionals, small business owners and white-collar workers — formed the economic and cultural backbone of the country. The 2026 Federal Budget,...

For months, the public discussion surrounding proposed changes to Australia’s capital gains tax (CGT) regime has centred on housing affordability, negative gearing and property investors. However, beneath the headlines lies a much broader and potentially more consequential issue for Australia’s economy: the future of Australian innovation, founder equity and the next generation of unicorn startups....

Struggling with rising construction costs?  Learn how contractors can review existing construction contracts for fuel price relief, rise and fall clauses, and commercial solutions. As global fuel markets remain volatile, the price of petroleum and diesel has surged.  This does not only impact commuters and freight transportation; it significantly inflates the cost of materials, heavy...

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 cosmetics industry has seen an acceleration of mergers and acquisitions (M&A) throughout 2024 and into early 2025. Shaped by evolving consumer preferences, a heightened focus on sustainability, and technological innovation, the sector’s M&A activity reflects wider trends across global markets. As our director Peter Paradise recently observed in his analysis of legal and...