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 
Tender Preparation and Negotiations
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Debt Recovery
Employment Law
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
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 Contract is required for your job or if you meet registration requirements, seek legal advice. We can assist with drafting contract templates specific to your trade.
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 […]
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 […]
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 […]
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 (Subcontractor) and Ventia Australia Pty Ltd (Head Contractor) entered into a subcontract to carry out fire asset maintenance service. The subcontract enabled the Head Contractor to issue “work orders” to the […]
Compensation scheme for people who experience adverse effects from the Covid-19 Vaccine
On 28 August 2021, the Australian Government announced a “No Fault COVID-19 Indemnity Scheme” for patients, health professionals and employers. The aim of the COVID-19 Vaccine Claim Scheme is to reimburse people who suffer a moderate to significant impact following an adverse reaction to an approved COVID-19 vaccine. The scheme also gives employers and health […]
Contract is King: High court case provides certainty regarding Casual Employees
The recent High Court decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 (4 August 2021) has once again placed contracts as king when it comes to determining the relationship between employer and employee.The “commitment test” in the lead judgment is a test on whether the parties had the same intention determined by the […]
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 ‘prevention principle’ is a legal doctrine that protects a subcontractor from liquidated damages for delays caused by the principal / main contractor.The basic idea:A party should not be permitted to […]
Basics In Understanding Legal Contracts And Tenders
Do you know the full implications of the risks and costs to your business if you don’t have a good understanding of the contracts you are executing? Contract Risks What other costs and risks does your business face through poorly negotiated contract clauses, or poor contract administration? Level Playing Field Lawyers partner with Australian Steel […]
Successful Judgment for our Client!
At Level Playing Field Lawyers, we celebrate the success of our clients through the successful use of the Security of Payments Act. We would like to share with you a recent case study and the key takeaway points from the case for your reference. K&K Industries Ptd Ltd were undertaking a development project. They initially […]
Security of Payments – Case Study
Have you Agreed to Forgo amounts owed under a Construction Contract? In the recent case of Citi-con (VIC) Pty Ltd v 8-10 New St Richmond Pty Ltd (2020) VCC 1611 shows that an “accord and satisfaction” can extinguish liability under a Payment Claim. What is Accord and Satisfaction? It is the acceptance of something in […]
