Upcoming Mallesons seminarsPeter Pether
Partner
T +61 2 9296 2416
Sydney
Adam Wallwork
Julie Wright
Melbourne
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Perth
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Brisbane
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Occupational Health and Safety
Extent of knowledge required of persons responsible under safety laws
The WA Supreme Court of Appeal has found that the obligation under the Occupational Safety and Health Act 1984 (WA) to take measures to ensure workplace safety is not absolute. The Court also considered what constitutes "control" for the purposes of that Act. Read more.
Model Occupational Health and Safety Legislation Due for release
The Council of Australia Governments formally committed to harmonising occupational health and safety (“OHS”) legislation in July 2008. Model OHS legislation is currently being developed by Safe Work Australia and an exposure draft is due to be released during September 2009. An update will be provided once the exposure draft has been released.
The Model OHS legislation will be open for public comment for 6 weeks. Click here for further details and instructions for submissions.
Security of Payments Legislation
The University of Sydney v Cadence Australia P/L & Anor [2009] NSWSC 635
The Supreme Court of NSW has held that a previously adjudicated payment claim, that is subsequently re-submitted as part of an expanded payment claim, may not be legitimately adjudicated on under the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW). Read more.
RJ Neller Building pty Ltd v Kjerulf David Ainsworth [2008] QCA 397
This case considered an application to stay a judgment which sought to enforce an adjudication determination under the Building and Construction Industry Payments Act 2004 (Qld). The case illustrates the difficulty that a person against whom an adjudication determination has been awarded has in avoiding payment of the adjudicated amount. Read more.
Tailored Projects P/L v Jedfire P/L [2009] QSC 32
The Supreme Court of Queensland has considered the circumstances in which the wording of a contract will supplant provisions of the Building and Construction Industry Payments Act 2004 (Qld). This case also considered whether section 17(4) could be applied to allow for two payment claims in relation to the same reference date to be treated as one and therefore for both claims to be payable. Read more.