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The Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act) received royal assent on 25 June 2021. Limited provisions of the Act commenced on the date of royal assent. However, the date by which the Act applies to construction contracts and replaces the Construction Contracts Act 2004 (WA) (CCA) is yet to be set.

The Act will more closely align the Western Australian security of payment (SOP) regime with the regimes in place in other states.

The Act makes several significant changes to the CCA which we discuss below.

The Federal Government has passed legislation which seeks to improve cash flow pressures for small business. Under the Payment Times Reporting Act 2020, businesses and government enterprises with a total annual income of over $100 million will need to report biannually on their payment terms and times for their small-business suppliers. The reporting scheme will take effect from 1 January 2021

Changes to Security of Payments Legislation in Western Australia

The Building and Construction Industry (Security of Payment) Bill 2020 (WA) (Bill) was recently introduced to Parliament. The Bill, if adopted, will provide a new Act for securing payments under construction contracts, replacing the Construction Contracts Act 2004 (WA) (CCA).  The Bill will bring the Western Australian security for payment regime into line with the regimes in place on the East Coast of Australia.

The recent introduction of Australia’s Director Identification Number (DIN) regime is a proactive step taken by the Federal Government to provide greater transparency surrounding the relationships between directors and multiple companies and modernise and streamline Australia’s business registry system.

The WA State Government released the Commercial Tenancies (COVID-19 Response) Regulations 2020 (WA Code) on 30 May 2020. The WA Code gives effect to the National Code of Conduct and introduces regulations under the Commercial Tenancies (COVID-19 Response) Act 2020 (WA), which was introduced in April 2020.

The issue of control, how it must be exercised and the importance of seeking specialist advice is highlighted by the recent decision of the Victorian Court of Appeal in Wareham v Marsella [2020] VSCA 92.

Zafra Legal - Wills & Estates

Zafra Legal welcomes Matthew Lenhoff, Special Counsel to our Litigation & Dispute Resolution team.

Clarification of superannuation binding death benefit nominations under recent SAT decision.