July 2024

Property & Projects

26 July, 2024

Ways to “end” a strata scheme

Mascot Towers case study on termination of strata scheme and collective sale Introduction Once a strata scheme is created on registration of the strata plan, an owners corporation will only be able to “end” the strata scheme in limited circumstances. The Mascot Towers is a “cautionary tale” of what owners…

Victoria Caldwell

Construction Vincent Young

12 July, 2024

A landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW

Fundamental change to the operation of bank guarantees EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162 has changed the operation of bank guarantees fundamentally in New South Wales. The case represents a significant decision from an intermediate appellate court concerning the intricate dynamics between bank guarantees…

nicole

Construction

10 July, 2024

The Effect of Nominal Rates for Liquidated Damages

Not an exhaustive remedy for a delay This article discusses the impact of the statutory warranties under section 18B of the Home Building Act 1989 (NSW) (HBA) on liquidated damages under a construction contract. Introduction Generally, liquidated pre-ascertained damages are an express agreement between the parties of the genuine pre-estimate…

Victoria Caldwell

Property & Projects

10 July, 2024

Liquidators Should Be Aware Of Strata Levies

The effect of strata levies on a winding up A liquidator has the power to sell all or any part of the property of a company to which the liquidator is appointed under section 477(2) of the Corporations Act 2001 (Cth) (Corporations Act). When the court appoints a liquidator to…

Victoria Caldwell

Construction

10 July, 2024

Making a Calderbank Offer: Things to keep in mind

If you have ever litigated, you may have received a Calderbank Offer. The Calderbank Offer may have prompted you to question whether a bad settlement is better than pursuing a costly trial and the risks of losing the case and paying costs on an indemnity basis. The judgment in Metricon…

Victoria Caldwell

Insolvency

10 July, 2024

The limits of the Court’s approval for administrator fees

In Australian Securities and Investments Commission v Marco (No 15) FCA 347, the Court addressed the factors to be considered when approving the fees of administrators. Cameron Shaw, Richard Albarran and Marcus Watters from Hall Chadwick sought a determination of their remuneration disbursements and costs for work performed over a…

Victoria Caldwell

Construction Security of Payments

10 July, 2024

Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed?

The case of Canterbury Bankstown Council v General Works and Construction Pty Ltd NSWSC 310 This article deals with whether submissions have been duly made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) and what is necessary to establish losses where a precise calculation cannot…

Victoria Caldwell

Construction

10 July, 2024

Differences in the Design Component between Australian Standard Contracts and Government Contract GC21

What are the Australian Standard contracts? The Australian Standard contracts are a set of construction contracts in standard form developed by a not-for-profit organisation called Standard Australia. The Australian Standard contracts are widely used in the Australian construction industry. What is a government contract and what is the GC21? Government…

Victoria Caldwell

Vincent Young

4 July, 2024

VY awarded 2024 Top Boutique Law Firm

2024 Top Boutique Law Firm - Vincent Young The team at Vincent Young is incredibly proud to have been awarded 2024 Top Boutique Law Firm by Australasian Lawyer Magazine. According to Founder and Partner Construction, Brett Vincent: 'This is a great honour, and the result of years of blood, sweat…

nicole

Vincent Young

1 July, 2024

2024 Promotions

2024 Promotions Exciting times at Vincent Young. We’re proud to announce that Vick Tan has been promoted to Partner and Madeleine Manousaridis has been promoted to Senior Associate. Well deserved!

nicole

Ways to “end” a strata scheme

A landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW

The Effect of Nominal Rates for Liquidated Damages

Liquidators Should Be Aware Of Strata Levies

Making a Calderbank Offer: Things to keep in mind

The limits of the Court’s approval for administrator fees

Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed?

Differences in the Design Component between Australian Standard Contracts and Government Contract GC21

VY awarded 2024 Top Boutique Law Firm

2024 Promotions

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