Batch Mewing Lawyers

As a director, officer or senior employee, you have an obligation to exercise due diligence to ensure your company meets its WHS duties. If you fail to meet your duties, you could be prosecuted for safety breaches at your company. In this webinar, Mackenzie Beldan (Associate) will discuss the duties of due diligence owed by individuals under the work health safety legislation, as well as practical ways to ensure you are complying with these duties to avoid prosecution or use as a defence. Register with the link below. https://lnkd.in/gKy7kC6b

“Same Job Same Pay” orders are coming in thick and fast from the Fair Work Commission, particularly in Queensland, and will take effect from 1 November 2024. One order will result in a 60% pay increase for mine workers at a North West Qld mine and Qantas will incur a $60m cost this financial year in response to several applications.   In-house labour suppliers are not exempt from the orders. In this article, Richard Gunningham will discuss when an order will apply and the contractor exemption. Read more here - https://lnkd.in/gki3vDzb

In NSW, the Building and Construction Industry Security of Payment Act 1999 works with the Contractors Debts Act 1997 to provide options which allow subcontractors to bypass a head contractor and claim payment directly from the principal in certain circumstances. In this article, Tyler Atkins (Senior Associate) focuses on some of the less used rights a subcontractor has to pursue an amount that has become due and owing in the ways described above. Click to read more.

In the third quarter of 2024, the QBCC recorded a total of 61 adjudication applications amounting to just over $675 million. Of those 61 adjudication applications, there were 23 counts of jurisdictional error, with: • 35% accredited to the Claimant submitting an invalid adjudication application; and • 30% accredited to there being no evidence of a construction contract between the parties. Other counts included: invalid reference date, invalid payment claim and unlicenced building work. A full breakdown of the 2024 Q3 Qld Adjudication Data is outlined below. If you are currently engaged in a payment dispute in the construction industry, contact us and our Construction & Infrastructure Team can assist you. Visit us at batchmewing.com.au to learn more.

In litigation that doesn't resolve before judgement, someone always loses. Let's do our best to ensure it's not you. In this webinar, Tyler Atkins (Senior Associate) will discuss the kinds of claims commonly brought in the NSW courts and what steps you can expect to take as part of a court matter. Register with the link below. https://lnkd.in/gt6-mupr

Let’s get loud! Last Friday the Batch Mewing team came rocking in their brightest and loudest shirts as part of Team Mettle for Loud Shirt Day. From trivia games to mystery auctions, we spent the afternoon fundraising for the impactful work that Hear and Say do in support of children with hearing loss. Thank you to everyone who supported Team Mettle this year and we can’t wait to do it all again next year!

Batch Mewing in North Queensland! Earlier this week, Ryan Purcell and Mackenzie Beldan made their way up to Townsville to present an in-person seminar on understanding how to navigate construction delays and employment obligations on major projects. Ryan led the first session, discussing how to navigate the liquidated damages clause in a construction contract, from negotiation through to project completion. For session two, Mackenzie took the audience through making an EBA and BPIC requirements, and how to manage employee underperformance and misconduct. Thank you to all those who joined us and made it a successful morning!

A key area for dispute both during and after construction is what happens where work is said to be defective. How do you know when work is defective? Who is responsible for that work? For how long? These are all questions that can cost a party many thousands of dollars (especially if they get the answers wrong). In this webinar, Tyler Atkins (Senior Associate) will cover how to measure when work is defective and how to manage where you agree the works are defective. Register with the link below. https://lnkd.in/gpzQmDd4

Improvement and prohibition notices can impact a company’s tendering opportunities, qualification to perform government-funded work and licences (e.g. their QBCC license). If a notice is improperly issued – usually if the WHS inspector could not have had a reasonable belief that a contravention is occurring – a company can consider appealing the notice to prevent it negatively impacting their business. During this webinar, Richard Gunningham (Principal) will explore when to appeal a Prohibition & Improvement notice, examples of successful & unsuccessful appeals, and strategies for dealing with inspectors. Register via the link below. https://lnkd.in/gvkuFbeK

So you’ve been frustrated about issues on your construction project, and you’re at the point where you want to pull the trigger and terminate the contract. Before you do, you need to be sure that you’re in a solid position to terminate. In this article, Michael Batch (Principal) works through the process used in a lot of common construction contracts (though, of course, you always need to check your own contract for the details!). Click to read more.