Changes to the NSW Security of Payment Act

Significant changes are on the horizon for NSW’s building and construction industry, reshaping prefabricated construction, building approvals, design variations and regulatory accountability.

The Building (Approvals and Practitioners) Bill 2026 represents a comprehensive overhaul of New South Wales' building approvals regime, introducing significant reforms to streamline processes and support housing targets.

Directors who sign retail leases on behalf of company tenants often provide personal guarantees without fully understanding the scope of their liability. This liability can extend far beyond unpaid rent to include outgoings, interest, make-good costs, and enforcement expenses, persisting even after resignation or business sale. Understanding the distinction between guarantees and indemnities, and knowing when statutory protections may apply, is essential for directors seeking to limit their personal exposur

The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?

South Australia's Stamp Duties (Residential Purposes and Residential Land) Amendment Act 2026 (Amendment Act) came into operation on 15 September 2026 and introduced significant amendments...

This monthly roundup examines five significant NSW Supreme Court and Court of Appeal decisions from August 2026 that clarify critical aspects of the Building and Construction Industry Security of Payment Act 1999, including payment claim validity, procedural fairness in adjudications, and enforcement of judgment debts. The cases address contentious issues such as the 12-month limitation period for payment claims, the relevance of unpaid judgment debts in security for costs applications, and the scope of sec

The Victorian Court of Appeal has reinforced that security of payment legislation creates a separate interim right to payment, confirming parties cannot use Australian Consumer Law claims to prevent enforcement of adjudication determinations. This decision examines whether allegations of misleading conduct regarding project costs and timelines can circumvent the 'pay now, argue later' regime established under Victoria's Building and Construction Industry Security of Payment Act.

The NSW Land and Environment Court dismissed a heritage homeowner's claim against neighbouring trees, finding insufficient evidence to prove the trees caused structural damage. The decision establishes that property owners must demonstrate clear causal connections between specific trees and alleged damage, rather than relying on proximity alone.

Construction law in Queensland establishes a comprehensive framework governing building contracts, payment rights, dispute resolution, and remedies. The legislation creates rapid adjudication mechanisms and strict compliance requirements that can determine the outcome of disputes within days. Understanding how statutory rules interact with contractual terms is essential for protecting rights and avoiding costly procedural mistakes.

An NCAT decision demonstrates how chronic maintenance failures by owners corporations can result in substantial costs orders, even without damages awards. The case clarifies when lot owners can be quarantined from contributing to legal costs and establishes clear responsibilities for identifying and delineating repair obligations in strata schemes.