Integra Legal Newsletter System

9/7/2019

WA Construction Industry - Subcontractor Payment Reform

In 2013, the Western Australian Small Business Commissioner conducted an investigation into the non-payment of subcontractors on construction projects administered by Building Management and Works between 2008 and 2012. The final report was presented to the Minister for Small Business in March 2013 with advice and recommendations.

Integra Legal played a crucial role in conducting this investigation, and the final report was significant in driving a number of improvements and changes in the construction industry, particularly in relation to the procedure for paying subcontractors.

Some of these changes are coming to fruition. Changes to security of payment legislation to protect subcontractors has been the topic of discussion recently from the Attorney-General and Minister for Commerce, the Honourable John Quigley MLA, and the Minister for Small Business the Honourable Paul Papalia CSC MLA.

The Minister for Commerce has announced that his departmental staff are drafting a cabinet submission to introduce imputed statutory trusts to present to cabinet in September. The Minister for Small Business has introduced a Bill to expand the investigative and reporting functions of the Small Business Development Corporation to ensure the timely payment of subcontractors.

Both changes come in the wake of the Federal Government's Review of Security of Payment Laws conducted by John Murray in 2017 and the Security of Payment Reform in the WA Building and Construction Industry Report conducted by John Fiocco in 2018.

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Meet the Integra Team - Graduates and Students

Law graduates and students from a number of disciplines have always been a key part of day-to-day operations at Integra. For law students, the firm has built a strong reputation as an excellent training ground for future lawyers who are supported by our senior practitioners, with past students securing graduate positions at top-tier firms. For non-law students, Integra provides a valuable experience in which to develop their workplace skills in a professional environment. In this article we take a closer look at some of Integra's younger staff.

Roisin Hawkins - Law Graduate

Roisin joined the Integra team in January of 2018 and graduated from Murdoch University at the end of 2018 with a Bachelor of Laws. Roisin works in the litigation department and enjoys all types of dispute resolution, in particular Wills and Estates. She is currently undertaking her Practical Legal Training and will be admitted to the profession in November 2019.

Thomas Carmody - Law Graduate

Tom joined the Integra team in 2015 and in July of this year graduated from a double degree in Commerce and Law at the University of Notre Dame, Fremantle. Tom works in the litigation department and plans on taking some time to travel at the end of the year.

Francis Main - Law Student

Frank joined the Integra team at the beginning of 2018 and is currently in his last year of a Postgraduate Bachelor of Laws at the University of Notre Dame, Fremantle. Frank works in the litigation department and enjoys construction disputes and related matters.

Jake Meaden - Engineering Graduate

Jake joined the Integra team in March of 2017 and has since graduated from his Master of Professional Engineering at the University of Western Australia. Jake works in administration, where his data entry and analysis skills are utilised for the completion of a variety of different reports. He is currently completing a Graduate Certificate in Predictive Analytics.

Sylvia Cornes - English History Graduate

Sylvia joined the Integra Team in 2015 as a clerical assistant. Sylvia graduated from the University of Western Australia in 2016 with a Bachelor of Arts majoring in English and History. Since graduating, Sylvia has continued to work at Integra and pursue her creative passions in acting and singing.

As the Chief Justice Quinlan remarked in a speech delivered in February of this year: 'The provision of legal services to all members of the community, including those who are least able to afford them, is an essential duty of the legal profession. And always has been.'

We are proud of our continuing contribution of pro bono work assisting organisations and individuals. We have assisted sporting associations with governance processes, assisted individuals preparing submissions for administrative appeals processes and represented individuals in resolution of contractual disputes and protection of their personal information on social media, just to name a few.

Our students also provide pro bono work by volunteering their time. They have worked at a number of community legal centres and legal aid organisations across Western Australia, providing the students with an important insight to the issues that impact on disadvantaged members of our community.

At Integra, we believe that pro bono work is not only an essential duty as lawyers, but also one of the most rewarding aspects of practice.

Disclaimer: This newsletter was prepared by Integra Legal and we have taken great care to ensure the accuracy of the contents. However, the newsletter is written in general terms and you are strongly recommended to seek specific professional advice before taking any action based on the information it contains.