December 2022

Building Construction Law

26 December, 2022

Comparison of Home Warranty Insurance Schemes

What is Homeowners’ Warranty Insurance? Homeowners warranty insurance (HWI) is a type of mandatory insurance designed to protect homeowners in the event that certain residential building works are defective or incomplete. HWI is known by many different names throughout Australia. National Approach Currently there is no uniform national approach to…

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Building Construction Contracts

19 December, 2022

Warranties by the Provider of Free Issue Material

General Rule The general rule is that a person who contracts to do work and supply materials warrants that the materials used will be of good quality and reasonably fit for its intended purpose, unless the Contract excludes such warranty. Free Issue Items/Material In McMurray v AIG Insurance Australia…

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Adjudication Building Construction Contracts Law Security of Payments

14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…

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Commercial Insolvency Law Tax

2 December, 2022

Director Penalty Regime

Any moratoria in place since COVID-19 is now at an end. The Australian Tax Office (ATO) has reverted back to recovering outstanding tax liabilities. If you are a director of a company, it is important that you are aware that the ATO can, in particular circumstances, recover unpaid company tax…

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Comparison of Home Warranty Insurance Schemes

Warranties by the Provider of Free Issue Material

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

Director Penalty Regime

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