Security of Payment Acts are drafted to reflect the intention of the various governments to provide legislation which enables persons who undertake to carry out construction work or supply related goods and services under a construction contract are entitled to receive, and is able to recover, progress payments for the work, goods and services delivered.
Although the governments have this intention, no matter how well drafted the legislations are they are invariably interpreted in many ways which in turn leads to disputes on the application of the Acts. The courts are thus called upon to provide guidance and clarification of the legislations which shapes the application of the Acts for the future. Industry participants and in paticular their legal representatives should keep abreast of court judgments so they can change the way they operate under construction contracts which may be affected by security of payment legislations. Sometimes court judgments cause governments to reflect, review and possibly amend their legislation to ensure the objectives and intention are maintained or improved.
Australian Solutions Centre does not provide legal advice or interpretation of the various judgments but provides the following links to websites which will allow the reader to search for themselves.
- High Court of Australia
- Federal Court of Australia
- NSW CaseLaw
- VIC Supreme Court
- QLD CaseLaw
- ACT Supreme Court
- SA Courts Administration Authority
- TAS Supreme Court