Date of this Version
With parliaments in ACT, Tasmania and South Australia all passing construction industry payment legislation („the legislation‟) towards the end of 2009, the legislation has now been enacted, in one form or another, in all eight Australian States and Territories. As its stands there is, to varying degrees, disparity between each of the relevant Australian Acts. This disparity is particularly marked between the Western Australian and Northern Territory Acts, on the one hand, and the New South Wales, Victorian, Queensland, Australian Capital Territory, Tasmanian and South Australian Acts on the other. This paper presents the findings of a questionnaire survey aimed to solicit the views of construction lawyers in Australia as to the desirability of legislative harmonisation, the appropriateness of the existing legislative models for various types of payment claim, and the suitability of various proposals for a nationally unified legislative model.
This document has been peer reviewed.