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Monthly Archives

July 2022

Off the plan misrepresentation – Case note on Ripani v Century Legend Pty Ltd [2022] FCA 242 Property & Projects
28 July, 2022

Off the plan misrepresentation – Case note on Ripani v Century Legend Pty Ltd [2022] FCA 242

THE KEY TAKEAWAYS The words “artist’s impression” do not detract from the materiality of an image and the representations it conveys. Boilerplate disclaimer clauses in marketing material and exclusion clauses in contracts are insufficient to exclude the statutory remedies under the Australian Consumer Law comprised in Schedule 2 of the…
Victoria Caldwell
Defective Carpets and Floating Floorboards – Common Property or Lot Property? Property & Projects
22 July, 2022

Defective Carpets and Floating Floorboards – Common Property or Lot Property?

One unsettled area of law that could have potentially far-reaching implications is the distinction between common property and lot property in a Strata Plan. This is particularly relevant where Owners Corporations are suing builders for defects to floors and ceilings. Determining whether a particular building element is common or lot…
Victoria Caldwell