SECURITY OF PAYMENT
QUESTIONS & ANSWERS
SOME BASIC QUESTIONS AND ANSWERS
What does this book cover?
The book covers the building and construction industry security of payment legislation in New South Wales, Victoria, Queensland, Tasmania, the Australian Capital Territory and South Australia. The emphasis is on the New South Wales legislation and although the differences between it and the legislation of other States are occasionally noted, the reader should consider whether the legislation of his or her own State or Territory is sufficiently similar for the case law discussed to apply. Where case law is cited, the reader should research whether or not the case law has met with approval in his own jurisdiction.
What is the purpose of this book?
The time limits imposed by the Building and Construction Industry Security of Payment Acts prevent a leisurely, academic study of the Acts and their related law whilst one is "on the job". Because of that, the purpose of this book, to the extent that it is possible, is to provide the reader, be it a claimant, a respondent, an adjudicator or a legal professional with quickly accessible answers to the many questions which can arise during the frantic activity required by those time limits.
How is the book laid out?
This book provides a survey of the case law relating to the Acts in force in Eastern Australia, starting with the first in time, the New South Wales Act. The later Eastern Australian Acts have been modeled upon the New South Wales Act and the legal decisions in relation to that New South Wales Act have mostly been followed in the other Eastern States, where the other Eastern State Acts are the same or similar.
How are the questions posed?
The questions posed in this book are set out, to the extent that is possible, in the order in which matters are dealt with in each of the Acts. In order to give a relatively complete answer in response to each question the answer may often repeat material in other sections of the book.