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Construction and Infrastructure

ACCIONA

Advising ACCIONA which, in a 50-50 joint venture, has been engaged by Australian Rail Track Corporation (ARTC) to deliver the Inland Rail Southern Civil Works Program.

KEY PEOPLE:

Sydney

Simon Ralton

Sydney

Adam Wallwork

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Construction

Major reforms ahead for Victoria's Security of Payment legislation

If enacted, proposed new laws will bring Victoria into line with many of the security of payment regimes operating across the rest of Australia.

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PPP revival expected in response to construction surge for Brisbane Olympics

Seven years out from Brisbane hosting the 2032 Olympic and Paralympic Games, attention has shifted to how this significant infrastructure task will be financed and delivered.

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Abuse of process in first-of-its-kind case in Western Australia sees statutory demand set aside

Thomson Geer has successfully had a statutory demand against a client set aside in a first-of-its-kind judgment in Western Australia that considered the interaction between the provisions of the Building Industry (Security of Payments) Act 2021 (WA) with the statutory demand process under the Corporations Act 2001 (Cth).

Construction

Balancing risk: Injuncting recourse to bank guarantees under construction contracts

In a recent decision, the South Australian Court of Appeal clarified that a beneficiary to a bank guarantee in a construction project (usually the Principal) will lose its right to have recourse to a bank guarantee after the date upon which the Principal was required to return or release the bank guarantees in accordance with the construction contract.

Construction

A major wrinkle for "on account only" assessments in construction contracts

A NSW Supreme Court decision may upset the established order in relation to "on account" approvals in construction contracts.

Construction

NSW Court of Appeal upholds rare stay of SOPA judgment

A recent court of appeal decision upholding a rare stay of a judgment debt obtained under the Building and Construction Industry Security of Payment Act 1999 (NSW) has explored when a stay may be granted despite impinging on the statutory policies underlying the legislation.

Construction

SA SOPA Update: The Crown now exempt from the Act

On 1 May 2025, a number of important changes were made to the South Australian security of payment regime through an amendment to the Building and Construction Industry Security of Payment Regulations 2011 (SA).

Construction

SOPA Case Update: No overlap, no problem

The recent decision of the South Australian Court of Appeal in Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd & Ors [2025] SASCA 39 provided much-needed guidance on the circumstances in which a contractor may re-agitate claims that have already been adjudicated under the security of payment legislation.

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