Building Contracts and Purchase Orders
Commercial Agreements
Company Law
Contract Administration and Dispute Resolution
Disputed Debt Recovery with Security of Payments Act
Property Law and Conveyancing 
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Court Litigation
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Debt Recovery
Employment Law
HAVE A COMPLEX BUILDING MATTER IN VCAT? IS VCAT THE CORRECT JURISDICTION?
Consider the effect of the recent decision in Plunkett v Portier Pacific [2024] VCAT 204. Facts The Respondent in this matter applied to have the proceeding struck out and referred to the Supreme Court of Victoria under section 77 of the VCAT Act for reasons including complexity, the claimed amount being over $1 million, number […]
ENFORCEMENT OF SOPA JUDGMENT
Case Summary: McDonald v MAK Constructions and Building Services Pty Ltd [2024] NSWCA 63 Background: In early 2022, a residential building contract between Ms. McDonald (the owner) and MAK Constructions (the builder) was terminated due to breach. The builder sought payment for work done under the Security of Payment Act (SOPA), while the owner pursued […]
Lessons from Recent Construction Disputes
Dispute about Dry Hire Agreement We acted for a crane company (Owner) that was engaged by another crane company (Hirer) under a dry hire arrangement. The hire agreement continued for a number of years. A dispute arose about unpaid hire charges and damage to the crane. The Owner promptly recovered the crane but was unable […]
Closing the Loopholes Bill
Equal pay for subcontractors in labour hire agreements Key Points regarding ‘Labour Hire Loophole’ Which businesses in the construction industry are affected? Businesses who engage or provide labour for example: Builders/head contractors Crane and rigging companies Labour hire companies Steel fabricators Formworkers Scaffold companies What are labour hire agreements? Labour hire agreements can be between […]
Industry Advocacy
On 19 May 2023, Level Playing Field prepared a parliamentary submission to: Inquiry into employers and contractors who refuse to pay their subcontractors for completed works – Report Tabled today We are excited to announce that the Legislative Assembly Environment and Planning Committee has provided some recommendations including to: Enable subcontractors to claim all the value awarded […]
New laws set to give Independent Contractors more rights in a contract
There are proposed laws that are set to give independent contractors more control over their work. What’s the change? Independent contractors will be able to make claims as if they are an employee if they are in an unfair contract. This could include claims for unpaid employment entitlements like sick leave or annual leave. Key […]
Exciting News for Subcontractors Needing to Recover Retention Money!
Exciting News for Subcontractors Needing to Recover Retention Money! Home | Blog | Case Studies | Exciting News for Subcontractors Needing to Recover Retention Money! Hunters Green Retirement Living Pty Ltd v JG King Project Management Pty Ltd [2023] VSC 536 In a recent case delivered on 8 September 2023, the Supreme Court of Victoria examined whether claims by […]
Cross Hire Agreement Template
Cross Hire Agreement Template Home | Blog | Articles | Cross Hire Agreement Template https://1cdn.com.au/wp-content/uploads/2022/12/Cross-Hire-Agreement.mp4 As part of the Crane Industry Coucil of Australia’s Business Essentials (CBE), Level Playing Field is working with CICA to produce a cross hire agreement template.The aim of this cross hire agreement template is to facilitate efficient contracting between crane owners, hirers, operators and construction company […]
Employers should be cautious when dismissing employees (even high income earners)!
Employers should be cautious when dismissing employees (even high income earners)! Home | Blog | Articles | Employers should be cautious when dismissing employees (even high income earners)! Did you know a high earning employee can still make an unfair dismissal application if they are covered by an award or enterprise agreement and meet other eligibility criteria? Unfair dismissal is […]
New penalties for unfair contract terms in standard form contracts
New penalties for unfair contract terms in standard form contracts Home | Blog | Articles | New penalties for unfair contract terms in standard form contracts There are important changes to laws about unfair contract terms in standard form contracts. These are important to know if you are a subcontractor who enters into standard form contracts with builders. […]
Disputing liquidated damages and delay
Disputing liquidated damages and delay Home | Blog | Articles | Disputing liquidated damages and delay Good news! Liquidated damages are not to be considered under the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOPA). Even if you are significantly delayed in disputing them. Excluded amounts under SOPA Some claims are ‘excluded amounts’ which cannot be taken into account […]
More ways to protect your business with security interests
More ways to protect your business with security interests Home | Blog | Articles | More ways to protect your business with security interests The recent case of court case of AWE Perth Pty Ltd v Clough Projects Australia Pty Ltd shows that there are more ways to protect your business when entering into a construction contract. Key Points: […]
Domestic Building Contracts – Why homeowners and developers should obtain legal advice before signing
Domestic Building Contracts – Why homeowners and developers should obtain legal advice before signing Home | Blog | Articles | Domestic Building Contracts – Why homeowners and developers should obtain legal advice before signing Lessons from the liquidation of Porter Davis, Hallbury Homes and others. Method B is commonly used in Domestic Building Contracts, and many future homeowners sign them without […]
Case summary: Insolvent companies can still claim debts through Security of Payments Legislation.
Case summary: Insolvent companies can still claim debts through Security of Payments Legislation. Home | Blog | Case Studies | Case summary: Insolvent companies can still claim debts through Security of Payments Legislation. The recent decision in the case of Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd shows that companies can still claim for […]
Construction and Infrastructure Partner of the Year Award 2023 Finalist
Construction and Infrastructure Partner of the Year Award 2023 Finalist Home | Blog | Articles | Construction and Infrastructure Partner of the Year Award 2023 Finalist We are excited to announce that our Principal Lawyer Ping Gangur is a finalist in the Construction and Infrastructure Partner of the Year Award 2023! This is a premier event that will bring together […]
Inquiry into the non-payment of construction workers
Inquiry into the non-payment of construction workers Home | Blog | Articles | Inquiry into the non-payment of construction workers An update on our submission to the Victorian government Submissions to the inquiry into non-payment of construction workers has now closed. We’ve spent the last few weeks talking to workers and business owners who have been affected by this […]
Have Your Say About Non-Payment in the Construction Industry
Have Your Say About Non-Payment in the Construction Industry Home | Blog | Articles | Have Your Say About Non-Payment in the Construction Industry Are you a construction worker who hasn’t been paid for your works Non-payment is a frequent issue among subcontractors that has serious impacts. Now, the Victorian government is committed to implementing change and wants to […]
Lawyers Weekly 30 Under 30 Awards 2023 Finalist
Lawyers Weekly 30 Under 30 Awards 2023 Finalist Home | Blog | Articles | Lawyers Weekly 30 Under 30 Awards 2023 Finalist We are pleased to announce that one of our lawyers Marianne Phan has been short-listed for Dispute Resolution and Litigation for the Lawyers Weekly 30 Under 30 Awards 2023 . The Lawyers Weekly 30 Under 30 Awards is the premier […]
The Importance of Deadlines for Issuing a Payment Schedule
The Importance of Deadlines for Issuing a Payment Schedule Home | Blog | Case Studies | The Importance of Deadlines for Issuing a Payment Schedule The Queensland Court of Appeal’s recent decision in Allencon Pty Ltd v Palmgrove Holdings Pty Ltd trading as Carruthers Contracting [2023] QCA 6 highlights the importance of being aware of the deadlines for […]
Top Tips for Avoiding Legal Trouble
Top Tips for Avoiding Legal Trouble Home | Blog | Articles | Top Tips for Avoiding Legal Trouble Legal disputes can be extremely costly, lengthy and stressful. However, there are processes you can implement to reduce the chance of becoming embroiled in litigation. Here are our top tips for avoiding legal trouble: Ensure you have a written contract that […]
Business Shutdowns – Limitations on Employers
Business Shutdowns – Limitations on Employers Home | Blog | Articles | Business Shutdowns – Limitations on Employers The Fair Work Commission is putting a stop to employers directing employees to take leave without pay during any business shutdown periodsIf your business has shutdown periods, it’s important to know if this applies.Seventy-eight awards are being amended by […]
