March 2024

Construction

28 March, 2024

Enforceability Of HBA Contracts

Dyjecinska v Step-Up Renovations (NSW) Pty Ltd NSWSC 159 (Dyjecinska case) The Home Building Act 1989 (NSW) (HBA) provides that a residential building contract (contract) must meet certain requirements, such as the contract must be signed, made in writing and contain sufficient description of the works. If the contract does…

Victoria Caldwell

Commercial

28 March, 2024

The Question: Will The Court Order A Separate Question?

Typically, the standard approach in litigation is to resolve all issues together in a single hearing. However, there are exceptions acknowledged by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) where a specific issue may be decided as a separate question before addressing the remaining disputes in the legal proceedings.…

Victoria Caldwell

Property & Projects

25 March, 2024

Summary of New Important Changes to the Foreign Investment Legislation

The Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2024 (Fees Imposition Bill) and Treasury Laws Amendment (Foreign Investment) Bill 2024 (Foreign Investment Bill) have recently been introduced by the Federal Government to again change the foreign investment legislation. These Bills will have a substantial impact on foreign buyers acquiring Australian…

Victoria Caldwell

Property & Projects

21 March, 2024

Has the right of carriageway been abandoned?

Castle v Achdjian NSWSC 1340 In the case of Castle v Achdjian NSWSC 1340, the Supreme Court of NSW had to decide whether a right of carriageway was abandoned and could be obstructed by the owners of the burdened land. This case demonstrates the continuing complexities and evidentiary requirements that…

Victoria Caldwell

Commercial Insolvency Property & Projects

15 March, 2024

Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions

Case note - Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 The recent case of Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 (Cooper), shed light…

Victoria Caldwell

Commercial Insolvency

8 March, 2024

Personal Liability of Administrators

The personal liability arising under Division 9 of Part 5.3 A of the Corporations Act 2001 (Cth) (Act) often provides one of the greatest risks facing administrators on accepting an appointment. These risks can limit restructuring options available through a voluntary administration as an administrator is unlikely to want to…

Victoria Caldwell

Employment

6 March, 2024

Key Characteristics of Young Lawyers and Leaders

A Vincent Young Lawyers Perspective At Vincent Young Lawyers, we understand that the success of any organisation hinges on the qualities and characteristics of its employees. As leaders in the legal industry, we recognise the importance of nurturing a workforce that embodies key attributes essential for achieving excellence in every…

Victoria Caldwell

Enforceability Of HBA Contracts

The Question: Will The Court Order A Separate Question?

Summary of New Important Changes to the Foreign Investment Legislation

Has the right of carriageway been abandoned?

Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions

Personal Liability of Administrators

Key Characteristics of Young Lawyers and Leaders

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