Pub­li­ca­tions

Apr 19, 2022

Swaab 2022 Lawyer Inter­view Series | Chris­t­ian Marchant

Why did you become a lawyer? I grew up around the con­struc­tion indus­try (4th gen­er­a­tion on my mum’s side and 2nd Gen­er­a­tion on my Dad’s) and there­fore, always felt com­fort­able liais­ing with peo­ple in the indus­try but was­n’t par­tic­u­lar­ly thrilled at the idea of man­u­al labour. Five years as a Trade Assis­tant…

Sep 3, 2021

Reme­di­al Works in stra­ta schemes – were they near­ly forgotten?

We are all aware of the push by the NSW Gov­ern­ment to ​‘restore con­sumer con­fi­dence’ in the NSW Con­struc­tion Indus­try and the need to tack­le the issue of seri­ous defects being expe­ri­enced by many unit own­ers through­out NSW. Whilst the major­i­ty of build­ing and design prac­ti­tion­ers out there are slow­ly adapt­ing…

Aug 2, 2021

NSW Con­struc­tion Indus­try Shut Down – Par­tial re-open­ing as of 31 July 2021

On Wednes­day 28 July 2021, the NSW Pre­mier took steps to re-open cer­tain con­struc­tion sites in parts of Greater Syd­ney fol­low­ing the ear­li­er con­struc­tion indus­try shut down orders which came into effect on 17 July 2021. Amend­ments have been made by the Pub­lic Health (COVID-19 Tem­po­rary Move­ment and Gath­er­ing Restric­tions) Amend­ment…

Jul 21, 2021

Deal­ing with the NSW Con­struc­tion Indus­try shut down — man­ag­ing exist­ing works

On 17 July 2021, the NSW Gov­ern­ment amend­ed the Pub­lic Health (Covid-19 Tem­po­rary Move­ment and Gath­er­ing Restric­tions) Order 2021 (the Orders) to deal with the ongo­ing out­break of the Covid-19 Delta vari­ant in the Greater Syd­ney area. The net impact of the inser­tion of claus­es 22(4A) and 24AB is that the…

Jun 24, 2021

Changes to the Build­ing and Con­struc­tion Indus­try Secu­ri­ty of Pay­ment Act 1999

Res­i­den­tial home build­ing work car­ried out by a home builder for an own­er occu­pi­er home­own­er has (until very recent­ly as not­ed below) always been exempt from the secu­ri­ty of pay­ment régime in New South Wales.  How­ev­er, since 1 March 2021 res­i­den­tial builders have been able to resort to the Build­ing and Con­struc­tion Indus­try…

Jan 27, 2021

COVID-19 | Fur­ther COVID-19 Ten­an­cy Update

On 24 Sep­tem­ber 2020, we pub­lished a COVID-19 Ten­an­cy Update regard­ing the exten­sion of the Retail and oth­er Com­mer­cial Leas­es (COVID-19) Reg­u­la­tion (Reg­u­la­tion) until 31 Decem­ber 2020. This arti­cle can be locat­ed here. On 16 Decem­ber 2020, the NSW Gov­ern­ment has announced the Reg­u­la­tion will be extend­ed again, this time until…

Nov 26, 2020

Our most pop­u­lar arti­cles pub­lished dur­ing 2020

We are almost at the end of 2020, and with the end of a year comes the oppor­tu­ni­ty to reflect on our most pop­u­lar arti­cles pub­lished dur­ing the year: 1. COVID-19 Ten­an­cy Update by Mary Digiglio & Tony D’Agosti­no | Prop­er­ty, Plan­ning & Projects | 24 Sep­tem­ber 2020 2. COVID-19 | Redun­dan­cy pay­ments dur­ing the…

Sep 1, 2020

Can we build bet­ter build­ings in NSW?

The con­struc­tion indus­try in New South Wales is in cri­sis and has been at an impasse for a pro­longed peri­od of time. The ques­tion as to why we have so many build­ing defects, par­tic­u­lar­ly in mul­ti-storey res­i­den­tial apart­ment build­ings, was being asked long before the Opal and Mas­cot tow­er dis­as­ters and…

Aug 31, 2020

NSW Con­struc­tion Indus­try Reform

The NSW Build­ing Com­mis­sion­er, David Chan­dler OAM, is at the ready with ​‘boots on the ground’, to ​‘rid the indus­try of dan­ger­ous builders, devel­op­ers and cer­ti­fiers’ and improve con­sumer con­fi­dence in the buy­ing of res­i­den­tial apart­ments in NSW with the com­mence­ment on 1 Sep­tem­ber 2020 of the Res­i­den­tial Apart­ment Build­ings (Com­pli­ance…

Jul 16, 2020

Mer­i­tas — An Intro­duc­tion to Tem­po­rary Changes Affect­ing Busi­ness­es in Aus­tralia and New Zealand

Look­ing for busi­ness and legal guid­ance regard­ing COVID-19 updates and pro­grams in Aus­tralia & New Zealand? This doc­u­ment has cov­er­age across the region with mem­ber firms who are here to assist. Please vis­it any of the COVID-19 resource mate­ri­als for more com­pre­hen­sive updates.  View here…