In November 2018, the NSW Parliament passed legislation amending the Building and Construction Industry Security of Payment Act 1999 (NSW). Amongst other things, those reforms reinstate the requirement for payment claims to state that they are made under the Act, abandon the concept of reference dates, significantly increase penalties and create expansive new investigation and enforcement powers.
Frank Hicks SC, Adele Carr and Declan Byrne provide an overview of the amendments, as well as their likely impact on contract administration, adjudication and litigation.