Skip to main content
Monthly Archives

December 2023

Case note on Young v Chief Executive Officer (Housing) [2023] HCTA 31 – an interesting case Property & Projects
18 December, 2023

Case note on Young v Chief Executive Officer (Housing) [2023] HCTA 31 – an interesting case

Why is this case important? Young v Chief Executive Officer (Housing) HCTA 31 was heard in the High Court of Australia earlier this year. It is important because: The High Court ruled that a tenant's distress and disappointment due to a prolonged absence of a backdoor was compensable under statute.…
Victoria Caldwell
You Have One Shot ConstructionSecurity of Payments
7 December, 2023

You Have One Shot

Serving a Payment Claim Post-Termination Introduction Section 13(1)(c) of the Building and Construction Industry (Security of Payment) Act 1999 (SOPA) allows contractors to serve one final payment claim after termination of a construction contract. In Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd NSWSC 723 (Taylor v…
Victoria Caldwell
Unfair Contract Terms Significantly Expanded. Don’t be caught out! Commercial
1 December, 2023

Unfair Contract Terms Significantly Expanded. Don’t be caught out!

Businesses that employ fewer than 100 employees or with annual turnover under $10 million (Small Business) are now protected by the new unfair contract terms (UCT) regime in standard form contracts. The intention of this new UCT regime is to capture an expanded number of businesses and provide greater protections…
Victoria Caldwell
Using DOCAS To Preserve SOPA Claims In Administrations? CommercialConstructionInsolvencySecurity of Payments
1 December, 2023

Using DOCAS To Preserve SOPA Claims In Administrations?

Commercial Context Construction companies are often thinly capitalised and do not hold significant real property or other assets.  Often their most significant (and sometimes their only) assets are unpaid progress claims arising from construction work undertaken prior to entering into external administration. Progress claims however can be difficult to recover.…
Victoria Caldwell