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ARTICLE · 06 AUGUST 2026

Email Service Under SOPA - What You Need To Know

A recent New South Wales District Court decision is a timely reminder that, under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), the validity of service may turn on how the parties have actually conducted themselves during a project. In Reform Projects Pty Ltd v Burge St Developments Pty Ltd [2026] NSWDC 96, the Court held that an email address may be specified for service of a payment claim by implication, even where the contract does not expressly nominate an email address for that purpose.

AustraliaReal Estate and Construction

A recent New South Wales District Court decision is a timely reminder that, under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA), the validity of service may turn on how the parties have actually conducted themselves during a project. In Reform Projects Pty Ltd v Burge St Developments Pty Ltd [2026] NSWDC 96, the Court held that an email address may be specified for service of a payment claim by implication, even where the contract does not expressly nominate an email address for that purpose. The decision highlights the significant consequences that can follow where a payment claim served by email is not identified and no payment schedule is issued in time.

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