"As we close the chapter on 2024, I want to extend my heartfelt wishes to you and your families for a joyful Christmas season and a prosperous new year. May 2025 bring health, happiness and success to all.
Thank you once again for being an integral part of our journey. Here is to another year of building, together."
David Glinatsis | Managing Director and Principal
In case you missed it...
"Three things developers should know before embarking on the renewable energy journey" is a practical guide tailored for renewable energy professionals in Australia, including development managers, engineers, and land acquisition specialists.
This resource highlights the critical challenges developers face—such as accessing land, obtaining approvals, and connecting to the grid—and offers insights into mitigating risks in a complex and evolving landscape. By addressing gaps in policy and operational hurdles, this guide equips readers to make informed decisions and to navigate the energy transition with greater confidence and strategic foresight.
Understanding the Proposed ‘Building Bill’ Reforms and Their Potential Impact 2024 by Richard Kouchoo offers a comprehensive guide tailored for builders, developers and related professionals navigating the impending legal changes to the construction industry in New South Wales, Australia.
This second edition updates readers on the progress of legislative reforms aimed at consolidating and modernizing building laws. Key themes include stricter accountability, extended liability, and enhanced consumer protections. By exploring the ramifications of these reforms, the book equips industry stakeholders with insights into new compliance obligations, licensing systems, and dispute resolution mechanisms essential for adapting to an evolving regulatory landscape.
We are pleased to introduce the Contract Administration Playbook (CAP), a bespoke guide designed specifically for construction contractors by our expert construction lawyers.
In today's volatile construction industry, where profit margins are under increasing pressure due to skills shortages, rising costs, and unfair risk allocation, the CAP provides the tools you need to navigate complex contracts with confidence.
Tailored to your contract, the CAP equips your team to pursue entitlements to both time and cost, ensuring compliance with notice requirements and helping you avoid costly disputes. By using the CAP, you can strengthen your negotiating position and protect your margins, giving your project teams a cutting edge.
Download the CAP Brochure to learn more about how it can help your business:
Podcast: Understanding the 'Building Bill' Reform Episode 1 - Key Changes and Implications
Discover practical insights into the Building Bill reforms in our podcast series, hosted by Special Counsel, Richard Kouchoo. Perfect for builders, developers, and industry professionals, this series breaks down key changes, from expanded duty of care to modernised licensing requirements, helping you stay compliant and ahead in the evolving construction landscape.
You can watch the first podcast episode about the key changes and implications of the Building Bill below:
The Pafburn saga has come to an end. Yesterday the High Court handed down its eagerly awaited decision in Pafburn. It found that neither the developer (Madarina) nor the builder (Pafburn) could apportion its liability under the DBPA to the subcontractors they engaged.
You can read up on this decision in the article prepared by Senior Associate, Estelle Nam and Associate, Gretel Wathen.
CASE NOTE – Fredon Infrastructure Pty Ltd v Hitachi Rail GTS Australia Pty Ltd [2024] NSWSC 1244
The recent case of Fredon Infrastructure Pty Ltd v Hitachi Rail GTS Australia Pty Ltd [2024] NSWSC 1244 provides some guidance for construction companies in relation to the valid service of payment claims and payment schedules under Building and Construction Industry Security of Payment Act 1999 (NSW) on “non-designated representatives.”
In this case note, Associate Director, Johnathan Glinatsis unpacks the decision and its implications for both subcontractors and head contractors.
Proportionate liability is not a builder’s best defence
Directors and officers of a company cannot delegate their statutory duties under Australian law. These responsibilities, including acting in good faith, exercising due care and diligence, and avoiding conflicts of interest, are personal and non-delegable. While delegation of tasks to professionals or team members is common, directors remain ultimately accountable for ensuring compliance and cannot abdicate their legal obligations. This underscores the importance of actively supervising and maintaining oversight to fulfill their statutory duties effectively.
Associate, Gretel Wathen, provides a detailed analysis of the statutory duties and proportionate liability in this Insight.
On Tuesday 15 October 2024, the parties gave submissions to the High Court bench regarding how the Design and Building Practitioners Act 2020 (NSW), the Civil Liability Act 2002 (NSW), and the principles of vicarious liability and proportionate liability all interact.
In this article, Associate Gretel Wathen, summarises the positions put forward by each party. This is a useful article if you wish to gain some insight into the dispute and the arguments run before the judgement is released.
Can ‘claw back’ proceedings brought under s 32 of the SOPA be stayed because a separate judgment-debt arising under the SOPA, has not been satisfied?
The decision of the Court of Appeal in McDonald v MAK Constructions and Building Services Pty Ltd [2024] NSWCA 63 confirms that it is incredibly difficult for an applicant to succeed in obtaining a stay of 'claw back' proceedings brought under s 32 of the Building and Construction Industry Security of Payment Act 1999 (NSW).
Lawyer, Jacob Shillito, provides a detailed analysis of the McDonald v MAK decision in this Insight.
The Court of Appeal decision of EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd [2024] NSWCA 162 has expanded the breadth of items that can be included in a payment claim made under the Building and Construction Industry Security of Payment Act 1999 (NSW).
Lawyer, Jacob Shillito, provides a detailed analysis of the EnerMech decision in this Insight.
The Supreme Court decision of The Owners - Strata Plan 89412 v Brookfield Residential Developments Australia Pty Ltd [2023] NSWSC 1420 has made it clear that a claim in relation to the duty of care contained in section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA) needs to be properly particularised, and pleadings need to be founded on facts that relate to actual events or conduct.
Special Counsel, Richard Kouchoo and Lawyer, Garren Pezikian, provide a detailed analysis of the Brookfield Decision in this Insight.
Kreisson continues to unpack the requirements and effect of the Design and Building Practitioners Act and Regulation for builders as part of a special series titled 'A Builder's Guide to the Design and Building Practitioners Act and Regulation'.
Part 4 explores the requirements of the Act for practitioners to be ‘adequately insured’.
This communication is sent by Kreisson Legal Pty Limited (ACN 113 986 824). This communication has been prepared for the general information of clients and professional associates of Kreisson Legal. You should not rely on the contents. It is not legal advice and should not be regarded as a substitute for legal advice. The contents may contain copyright.
Kreisson, Level 37, 25 Martin Place, Sydney, New South Wales 2000
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