Construction industry news and legislation

Dividing Fences

NEIGHBOURHOOD DISPUTES – DIVIDING FENCES A dividing fence is fence that separates the land of adjoining land owners. Such fences are regulated by the Dividing Fences Act 1991 (NSW) (Act) which also covers who is responsible for the cost of fencing works that are to take place. Under the Act, fencing work includes the following: a. The design, construction, replacement, [...]


What is an encroachment? An encroachment is where a part of someone else property overhangs or enters into your property. Examples of encroachments can include tree branches overhanging on your property, overhanging air conditioners, neighbouring fences and retaining walls entering your land and buildings that have been built on neighbouring properties, among others. However this article will focus primarily on [...]


The Home Building Amendment Act 2014 comprised of various amendments to the Home Building Act 1989. These changes commenced on 15 January 2015. There is no longer a distinction between structural and non-structural defects. There is now the two different categories of general defects and major defects. Under the Act, major defects will attract a six year warranty period and [...]

October 27th, 2015|Articles, Uncategorized|


It is common for disputes to take place when you are in the process of building or renovating your home. These disputes may be minor or major. Major disputes often require the intervention of specialised building disputes lawyers in order for a resolution to be reached. Often the cause of these disputes are building defects however, they may be disputes [...]

October 27th, 2015|Articles, Uncategorized|


In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with builders are resolved through the [...]

October 27th, 2015|Articles, Uncategorized|

Security of Payment Changes Retention Money

CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website ( Click here for a copy of the Draft Building and Construction Industry Security [...]

April 27th, 2015|Articles, Uncategorized|

New NSW cash retention scheme to commence in early 2015

In New South Wales, a “ground-breaking” cash retention trust scheme will be established to ensure construction companies are prevented from using cash retention monies for purposes other than rectifying defects in the contract defects liability period. The scheme will particularly protect subcontractors in the industry from collapsing construction companies and the infamous “phoenix companies” who would in most cases, use [...]

January 22nd, 2015|Articles, Uncategorized|

Statutory Demands

Statutory Demand Fact Sheet – CTI Lawyers What is a Statutory Demand? This is an initiating process in Winding up a Company. A Statutory Demand is a demand made under 459E of the Corporations Act 2001 (Cth). This document is not issued by the Court. A Statutory Demand requires that the Company pay a specified sum of money within 21 [...]

December 4th, 2014|Articles, Uncategorized|

Waving Offensive Sign – Not Unlawful Adverse Action

High Court says dismissal for waving offensive sign during union protest was not unlawful adverse action – CTI Lawyers In a 3-2 majority, the High Court on 16 October determined that a long serving employee of BHP Coal who was a member of the CFMEU was not dismissed for participating in a lawful protest organised by the Union. The Fair [...]

November 5th, 2014|Articles, Uncategorized|
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Construction Trade Industry Lawyers provides a free Letter of Demand Service. In order to assist us prepare your letter of demand we require you to complete the Claim Form and provide copies of the invoices that have not been paid. Submit Your Claim

The Queensland Court of Appeal has recently confirmed in J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406, that construction work on land subject to a mining lease will be captured by the provisions of the Building and Construction Industry Payments Act 2004 (Qld) (‘BCIPA’). Read More

Significant Changes to NSW Building Defect Legislation
Disputes With Your Builder Over Home Building Defects
Resolving Domestic Building Disputes
Security of Payment Changes Retention Money
New NSW cash retention scheme to commence in early 2015