Recent Development in relation to the Security of Payments Regime

  • Author : Greens List - 09-02-2017

In October last year, Barrister Kylie Weston-Scheuber presented on Recent Development in relation to the Security of Payments Regime.
In light of recent developments in the area, Kylie has updated the paper and the updated version is attached. In particular, the updated paper refers to:

  • The recent High Court decision in Southern Han Breakfast Point v Lewence Constructions [2016] HCA 52 (finding that the existence of a reference date in NSW is a jurisdictional fact);
  • The recent NSWCA decision in Shade Systems v Probuild [2016] NSWCA 379 (confirming that judicial review in NSW is only available for jurisdictional error and not error of law on the face of the record);
  • Details of the federal government review of Security of Payment legislation announced in December 2016;
  • The establishment of the Security of Payment Working Group through the ABCC Act.
  • Changes to WA Security of Payment legislation in light of recent consultation.

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To get in touch with Kylie click here or for more information please contact the Clerk on: 03 9225 7222

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