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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, […]
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 required her to work closely with elderly clients.In April 2020, Ozcare’s workplace employee immunisation policy was amended to mandate that employees receive the influenza vaccination. These amendments were in response […]
Claiming retention is not a claim for Construction Works
What is retention? Retention is a fixed percentage of the total payment due for a contract, withheld for a period as security for performance of your contractual obligations). It is rightfully a subbies money but claiming retention using the Security of Payments legislation (SOPA) will depend on the form of the payment claim. A claim […]
Court back SOPA ideals – Pay Now, Argue Later
There are two ways to enforce payments under the Security of payment legislation (SOPA): Adjudication (private Adjudicator); orSummary judgment (Court process). When you receive a payment schedule, Adjudication is your only option.When you do not receive a payment schedule, you can choose adjudication or summary judgment. Theoretically, summary judgment should be like kicking a goal […]
