Australia: Construction & Planning

Contested claims are determined by an adjudicator within that period, with power to determine the value of the claim on an interim basis. There is very little scope for appeal and an underlying philosophy of ‘pay now, argue later’, with the solvency risk sitting up the chain.

From 15 April 2026, far-reaching changes to construction contracts and payment claim processes in the Victorian building and construction industry will take effect. These will have a significant, immediate and retroactive impact on the rights and obligations of parties to construction contracts in Victoria.

Subcontractor payment rights in Queensland are governed by the Building Industry Fairness (Security of Payment) Act 2017 (Qld), which establishes a comprehensive statutory regime designed to protect cash flow in the construction industry.

There was a large difference between the cost of rectification and the damages awarded.

Key legal mechanisms that drive that exposure and outline practical strategies that Queensland builders can implement to reduce personal liability and protect long-term financial security.

Where proposed or completed works involve slabs, balconies, bathrooms, external walls, shared services or the exclusive use of common property, get advice early!

Restraint of trade clauses are contractual provisions designed to limit a party's activities beyond the scope of their agreement.

The purpose of the inquiry was to highlight the gaps in the current legislation and determine amendments to be made that promotes better compliance with the rest of Australia.

The decision serves as a timely reminder that builders will be liable for defective work where it can be established those works formed part of the builder's scope of work.