What is security of payment?
Security of payment legislation exists in each jurisdiction in Australia and is available for contractors doing work or supplying goods in the construction industry (apart from owner-occupier residential developments). It is designed to rapidly inject cash-flow for creditors and quickly determine any disputes that may arise between parties.
In NSW, contractors can include:
Yeung v Santosa Realty Co Pty Ltd [2020] VSCA 7
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Australian Privacy Principles and other applicable legislation and agreements
Turks complies with the Australian Privacy Principles (‘APP’) as provided in the Privacy Act 1988.
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Not a “director” but still culpable!
Summary
Given the recent outbreak of Coronavirus (COVID-19), it is worth noting that the contraction of an infectious disease due to a virus entering the body during the course of employment may constitute a compensable injury. Whether or not the injury will be compensable will depend to a large extent on the expert medical evidence.
Case law
Summary
Summary
This case considers the evidentiary burden carried by the plaintiff and accepts that there are risks of injury on building sites which are “par for the course” and in respect of which the employee is expected to take reasonable care.
Legislative Developments
There are no legislative developments to report this month.
Recent Decisions
Withholding information from a worker results in employer action not being considered reasonable under section 11A(1)
Rail Corporation NSW v Aravanopules (2019) NSWWCCPD 65 (17 December 2019)
Summary