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No requirement for ‘good faith’ in payment claims – Security of Payment Update

The recent decision in 470 St Kilda Road v Reed Constructions Australia Pty Limited [2012] VSC 235 follows the previous line of authority in New South Wales and Queensland in holding that there is no obligation for a contractor to act in good faith or with a bona fide belief in its entitlement to monies claimed in a payment claim submitted under the Building and Construction Industry Security of Payment Act (Vic) (Act), or of facts made under oath in a statutory declaration. More…

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