August 2022 Legal Update
The recent Supreme Court of Victoria handed down judgment on 4 August 2022 in:Re J Build Developments Pty LtdJ Build Developments Pty Ltd successfully disputed a statutory demand for payment of debt. What is a statutory demand? This is a formal demand for payment of a debt, if ignored, can lead to a winding up application against […]
Limitation Period of a Building Action Starts from Issue Date of first Occupancy Permit
In the recent decision by the Victorian Supreme Court of Appeal in Lendlease Engineering Pty Ltd v Owners Corporation No 1 [2022], VSCA confirmed that the 10-year limitation period for a building action for defective building work starts as soon as the first occupancy permit is issued. This means that an owner can only sue […]
Proposed changes to the Building Act and its Effects
The Building Act 1993 is currently being reviewed by the Victorian Government, who stated: The Victorian Government is committed to delivering a building system that provides safe, compliant and durable housing and buildings. This requires a workforce of skilled and experienced practitioners and a strong and viable system of regulation to enforce compliance. This Bill […]
Building Party must provide Insurance over and an Adjoining Property
In a recent case at the Supreme Court in Victoria, the judgment of Hronopoulos v Building Appeals Board 2022 found that there is a difference between third party liability insurance and property damage insurance. Key points Building parties must provide insurance that covers adjoining property owners and where the adjoining property owners can claim Having […]
Creditor-defeating Dispositions
A creditor defeating disposition occurs when a company, who is being wound up, transfers property or other assets were less than market value. The new s588FDB of Corporation Act 2001, intends to prevent companies from disposing of assets prior to liquidation and passing those assets for less than market value. The liquidator can seek to […]
Albanese Government’s employment submit
The new Albanese Labor Government is likely to bring significant changes in relation to employment, industrial relations and workplace safety. Key proposed changes Take-Away Points Get prepared for the upcoming changes. It is important to update workplace policies and employment contracts.
Ping Gangur has been short-listed for the Lawyers Weekly Partner of the Year Awards 2022!
The Partner of the Year Awards is an unparalleled awards program that identifies the legal partners, or partners equivalent, across individual practice areas within the Australian Legal Profession. The awards are regarded as one of the legal profession’s most prestigious accolades and pinpoint professional development and innovation, showcasing the individuals who are leading the way […]
Contracting out of the duty to act in good faith
Construction contracts can be very one-sided.Two recent NSW cases discuss the concept of good faith in contracts.In the recent decision of Growthbuilt v Modern Touch Marble, the New South Wales Supreme Court ordered liquidated damages to be paid by a subcontractor (Modern) to a builder (Growthbuilt). Key Points: Take-Away Points Negotiate your contracts! We are in […]
Worker’s dismissal for protesting against vaccine mandates deemed lawful by Fair Work Commission
In a recent Fair Work Commission (FWC) decision, FWC has upheld a company’s decision to immediately terminate a construction industry worker after he attended a protest outside the Construction in Melbourne.The FWC found that the protest was unlawful because it contravened government ‘stay-at-home’ directions which were in place at the time. The employer was ‘wrong […]
Credit Default Listings – What to be aware of
Many people make the mistakes of shrugging off a credit default, mainly because they don’t fully understand how such a record can affect their financial future. What Is a Credit Default Listing? A default is also referred to as an overdue debt that has not been addressed. A credit default listing is an example of […]