February 2024

Commercial Insolvency Litigation

29 February, 2024

Substituting Creditors – Why You Should Join A Winding Up Petition

What you need to know Where a company that owes you money is subject to a winding up application brought by an unrelated third party, you should always seek to join the proceedings as a supporting creditor. If you are a supporting creditor, you have a right to apply to…

Victoria Caldwell

Commercial Construction Contracts Property

28 February, 2024

Consequential Loss: The Approach In NSW

Dangers of drafting liability clauses Hadley & Anor v Baxendale & Ors EWHC J70 (Hadley v Baxendale) was a landmark decision in English law defining the classification of different types of loss. However, both the UK courts and academia and the Australian courts and academia have been pursuing modified and…

Victoria Caldwell

Building Construction Contracts Development Strata Tax

9 February, 2024

Changes To The Strata Building Bond And Method Of Calculation

The Building Legislation Amendment Act 2023 (NSW) The Strata Building Bond & Inspections Scheme (SBBIS) was introduced in 2018 to provide some protection to owners’ corporations in relation to defects. On 21 November 2023, the NSW Parliament passed the Building Legislation Amendment Act 2023 (NSW) (BLA) which makes 2 significant…

Victoria Caldwell

Property

8 February, 2024

Enforceability Of Positive Covenants

Aust-One Investment Pty Ltd V New World Investments Pty Ltd NSWCA 22 Covenants that are registered on title and that ‘run with the land’ are restrictive in nature, a principle which is confirmed at common law and by statute. The general rule at common law is that the burden of…

Victoria Caldwell

Substituting Creditors – Why You Should Join A Winding Up Petition

Consequential Loss: The Approach In NSW

Changes To The Strata Building Bond And Method Of Calculation

Enforceability Of Positive Covenants

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