Case Studies

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

Two workers inside partly finished house, exposed wood beams can be seen above them. One of the men holds building plans while the other points to the roof.

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.

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

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

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

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 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

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

Breach of contract, misleading and deceptive conduct, director’s personal liability

Breach of contract, misleading and deceptive conduct, director’s personal liability Home | Blog | Case Studies | Breach of contract, misleading and deceptive conduct, director’s personal liability CLIENTResidential

Negotiations regarding variations

CLIENTRigging Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTContract to install structural steel to a recreational facility in Melbourne PAYMENT CLAIM$80,434.76 including GST PAYMENT SCHEDULE$46,141.00 The

Withholding payment, defects and litigation

Withholding payment, defects and litigation Home | Blog | Case Studies | Withholding payment, defects and litigation CLIENTTiling Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTInstall paving on

Security of payment technicalities, service

CLIENTStructural Steel Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTConstruction of a large grocery chain in Melbourne PAYMENT CLAIM$249,723.52 including GST PAYMENT SCHEDULE$110,884.50 ADJUDICATION AWARD$249,723.52

Letter of Demand

CLIENTTimber Flooring Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTACTInstallation of Jarrah flooring to new dwelling PAYMENT CLAIM$8,840.50 including GST OUTSTANDING AMOUNT$2,210.00 The Subcontractor was

Allegations of defects and backcharges

CLIENTStructural Steel Contractor (“Subcontractor”) OTHER PARTYHead contractor (“Head Contractor”) CONTRACTConstruction of an extension to a high school in Melbourne PAYMENT CLAIM$173,922.63 including GST CONCLUSION1. Variations

Case Study: Shamrock Cabinets Pty Ltd v Hutchings (Building and Property)

Shamrock Cabinets Pty Ltd v Hutchings (Building and Property) [2022] VCAT 1156 Case Summary: Key Takeaways: Need help? If you are unsure whether a MDB

How to recover debts using a Statutory Demand

CASE STUDY #1 In the Matter of Jana Pty Ltd [2022] NSWSC 112 FactsOn or around 19 January 2022, Jana Pty Ltd (Landowner), Allspec Constructions

Understand Construction Contract – Read before you sign

CASE STUDY V601 Developments Pty Ltd v Probuild Constructions (Aust) Pty Ltd [2021] VSC Facts V601 Developments Pty Ltd (V601) engaged Probuild Constructions (Aus) Pty

Payment claims must only relate to one Construction Contract

CASE STUDY Ventia Australia Pty Ltd v BSA Advanced Property Solutions (Fire) Pty Ltd [2021] NSWSC 1534 Facts BSA Advanced Property Solutions (Fire) Pty Ltd

Employee who refused to get the jab has unfair dismissal claim dismissed

CASE STUDY – Maria Corazon Glover v Ozcare [2021] FWC 2989 Background of case Ms. Glover was a care assistant employed by Ozcare. Her role

Liquidated Damages and the Prevention Principle

CASE STUDY – Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd & Ors [2021] VSCA 69 What is the Prevention Principle? The

Lacrosse Appeal: Findings and Implications of Judgement

CASE STUDY – Tanah Merah Vic Pty Ltd v Owners Corporation No 1 and Ors [2021] VSCA 72 Background At around 2:23am on 24 November

BUSINESS AND CONSTRUCTION

ENFORCEMENT OF SOPA JUDGMENT

Lessons from Recent Construction Disputes

Exciting News for Subcontractors Needing to Recover Retention Money!

Employers should be cautious when dismissing employees (even high income earners)!

New penalties for unfair contract terms in standard form contracts

More ways to protect your business with security interests

Case summary: Insolvent companies can still claim debts through Security of Payments Legislation.

The Importance of Deadlines for Issuing a Payment Schedule

Breach of contract, misleading and deceptive conduct, director’s personal liability

Negotiations regarding variations

Withholding payment, defects and litigation

Security of payment technicalities, service

Letter of Demand

Allegations of defects and backcharges

Case Study: Shamrock Cabinets Pty Ltd v Hutchings (Building and Property)

How to recover debts using a Statutory Demand

Understand Construction Contract – Read before you sign

Payment claims must only relate to one Construction Contract

Employee who refused to get the jab has unfair dismissal claim dismissed

Liquidated Damages and the Prevention Principle

Lacrosse Appeal: Findings and Implications of Judgement

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