Changes to unfair contract terms and how this effects the construction industry
On 10 November 2022, the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) introduced widespread reforms to unfair contract terms (‘UCT’) under the Australian Consumer Law. What are considered ‘unfair contract terms’? To be an unfair contract term, the term must: There is no set list of terms that the courts may deem […]
Misleading Conduct – Off-the-plan Apartment with an Artist’s Impression
The judgment of Ripani v Century Legend Pty Ltd [2022] FCA 242 found:A purchaser can rescind a contract of sale based on a misleading and deceptive representation based on inaccurate marketing material. Key points The Court ordered the developer to return the deposits, plus pay damages to the purchasers. Take-Away Points Disclaimers must not use ‘vague, […]
Enterprise Bargaining Agreement
Transport Workers’ Union of Australia v Transit (NSW) Services Pty Ltd [2022] FWC 2334 (link) Case Summary Decision Key takeaways
Top Tips to Minimise your Risk of Preference Payments
What are preference payments? Preference payments are payments made by an insolvent company that give one creditor an unfair advantage over other creditors. Basically, in the lead up to liquidation, one creditor is paid more than another. If this is the case, a liquidator may be able to recover (claw back) these payments, provided they […]
Avoiding disputes with Variations
It’s no secret that building can often be a bit of an experiment.With so many factors out of your control – like the weather and changing site conditions – things can’t always go to plan.If this happens, having a good process for requesting and documenting variations is vital. What is a variation? Variations are a […]
September video update
This month we talk about variations and the importance of determining whether various factors are considered variations under your contract. We also discuss our top tips for avoiding payments being deemed ‘preference payments’ liable to be clawed back by a liquidator. In addition, we discuss the case of Re Amville Constructions Pty Ltd [2022] VSC […]
Case Summary: Re Amville Constructions Pty Ltd [2022] VSC 65
Recently, we received the judgment in Re Amville Constructions Pty Ltd [2022] VSC 65, involving a dispute between our client, a subcontractor, and the other party, a builder.We acted for the defendant L.S. Bricklaying (Vic) Pty Ltd (“L.S. Bricklaying”). Summary of Case Facts Contract was for a domestic building project involving three unitsL.S. Bricklaying served […]
August video update
This month we discuss the recent Supreme Court of Victoria case of Re J Build Developments Pty Ltd. This case clarifies how statutory demands interact with the Security of Payments legislation (SOP Act). We also talk about the importance of Shareholder Agreements in reducing the risk of shareholder disputes. In addition, we offer five tips […]
Top Tips for Preparing for Legal Proceedings
Most construction disputes arise from defects, variations and delay. To ensure that you have the best chance at recovering funds, we have included some tips below. Tip number 1: Contemporaneous evidence Have everything documented in writing at the time the event occurs!When you’re working on a project, it is common to be given updated directions […]
Shareholder Agreements: A guide
Over the last few months, LPF has been engaged to act in some shareholder disputes. To minimise the risk of shareholder disputes, we highly recommend that all companies have a shareholder agreement prepared by solicitors and have the agreement regularly updated. What is a shareholder agreement? A shareholder agreement is a legally enforceable contract between […]