The transitional provision in Schedule 2 cl 2 of the Building and Construction Industry Security of Payment Act 1999 (NSW) operates by reference to when the 'construction contract' was entered into, not when the 'construction work' was first contemplated or specified in a head contract. An employed solicitor (not a partner) at a firm retained by a creditor may validly sign a statutory demand under s 459E of the Corporations Act 2001 (Cth), and the presumption of regularity applies absent evidence of lack of authority. Payment claims under s 13(2) of the Act should be construed practically, and minor abbreviations of the Act's name do not constitute non-compliance.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
4 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.