Construction and Infrastructure update: New prescribed forms under the Security of Payment Act (Vic)

In June this year, the new Building and Construction Industry Security of Payment Regulations 2013 (Vic) came into operation.

The Regulations repeal and replace the old Regulations, and now prescribe a range of new forms that must be adopted when seeking to enforce certain rights under the Building and Construction Industry Security of Payment Act 2002 (Vic), more particularly sections 12A, 32(2), 33(2), 40(2) and 41(1):

1. Notice of intention to exercise lien (Form 1);
2. Notice of claim (Form 2);
3. Debt certificate (Form 3);
4. Discharge notice (Form 4); and
5. Notice of names of persons from whom the claimant may recover (Form 5).

The new prescribed forms replace the superseded forms that are prescribed in the old Regulations and must be adopted.  The new prescribed forms can be found at the Victorian Legislation website. Please click here to view (from page 3 onwards).

More information

For more information, or to discuss any security of payment issues you may have, please contact Darren Cain, Principal Lawyer and Head of Construction and Infrastructure, on (03) 8600 8835.

Note: This update is a guide only and is not intended to constitute legal advice.