THE SECURITY OF PAYMENT ACT is a relatively recent legislative initiative designed to assist cash flow in all sectors of the building and construction industries save for residential buildings where the owner intends to reside in the dwelling and mining installations. Shellbridge shows that quantity surveyors and other professionals can now claim their fees under the Act. The basic elements of the initial NSW legislation have been adopted by the States of Victoria, Western Australia and Queensland. The detailed provisions of the legislative scheme vary between the different States and you should consult us in relation to any practical issues you may have which require detailed analysis.

On the website we have used the NSW Act as our basic template. There are 38 sections in this Security of Payment Act. Each section of the Act is shown on top of each page followed by the cases associated with this section. Click on top of the cases to read our comments (PDF format). A link to the judgment page is given at the end of the PDF file

* * This section only provides some rough and ready access to leading comments made by various judges in the course of determining wide-ranging disputes over the application of the provisions of the Act in New South Wales. You should contact a specialized construction lawyer for professional advice and assistance in how to apply these legal principles to any situation in which you are interested to make or defend claims under this legislation. The application of the principles of the Act is constantly changing as different sections of the Act come under judicial scrutiny and as views of how the Act should work themselves evolve through the Courts. TBL do not take any responsibility for your acting on this advice without contacting specialist construction lawyers first. You could - for example - ask us to assist you by ringing 1-800-688-529 [Free Call]