November 2024

Development Property & Projects

18 November, 2024

The newly introduced Property Developers Act 2024 (ACT)

Introduction The recent introduction of the Property Developers Act 2024 (ACT) (the Act) will change the landscape of residential property development in the Australian Capital Territory. This article provides an overview of the most pertinent provisions and legislative effect. Commencement of the Act The Act has a staggered commencement. Provisions…

Victoria Caldwell

Commercial

14 November, 2024

A court order does not create a security interest

The case of Laurus Group Pty Ltd (admin apptd) v Mitsui & Co. (Australia) Limited (No. 2) VSC 412 Facts Mitsui and APT were parties to litigation. Mitsui made an application for security for costs against APT. The Court granted the application and ordered APT to pay $30,900 into Court…

Victoria Caldwell

Construction

14 November, 2024

The Ever Expanding Personal Duty Of Care Under The DBPA

Introduction Section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA) imposes a statutory duty of care on those who carry out construction work in or related to a building to avoid economic loss to the owner or subsequent owner resulting from defects. Section 37 has not been…

Victoria Caldwell

Vincent Young

12 November, 2024

November Newsletter – Increased vigilance required in uncertain times

NOVEMBER UPDATE Increased vigilance required in uncertain times 'Uncertainty' and talk of 'crisis' pervades the air. Inflation remains stubbornly high meaning high interest rates and increased costs of living. Elections in the US and an upcoming Australian federal election stymie reforms and makes it difficult for governments to respond. Geopolitical…

bluesix

Vincent Young

7 November, 2024

Annual Client Luncheon at Quay Restaurant

Thank you to all of our clients and colleagues who attended our Vincent Young Annual Client Luncheon at Quay Restaurant on Friday 1 November. It was an excellent event, and a privilege to have 100 of the industry’s most influential people in the room. Thank you also to Stephen Walters,…

nicole

Development

7 November, 2024

Certifiers told to stay in their lane

What happens when a construction certificate is inconsistent with the development consent? The Cameron v Woollahra Municipal Council NSWCA 216 (Cameron) ruling sets the legal landscape for certifiers and clarifies for developers and principal contractors alike whether a construction certificate is invalid if it differs substantially from a development consent. Background…

Victoria Caldwell

Construction Property & Projects

4 November, 2024

Strata Building Bond Increase Delayed to 1 July 2025

Strata Schemes Management Amendment (Strata Bond) Regulation 2024 (NSW) The increase to the strata building bond from 2% to 3% has been delayed for the fourth time. This article recaps what is a strata building bond, explains when it will not take force and why the delay has occurred. Recap…

nicole

Construction

1 November, 2024

Your LD clause may not exclude common law damages

Carbone v Fowler Homes Pty Ltd (No 2) NSWCA 214 In the past the UK Courts have been prepared to accept that a liquidated damages regime (even with a liquidated damages rate of $Nil or $1 per day) could operate to exclude any common law right to damages, even in…

nicole

The newly introduced Property Developers Act 2024 (ACT)

A court order does not create a security interest

The Ever Expanding Personal Duty Of Care Under The DBPA

Annual Client Luncheon at Quay Restaurant

Certifiers told to stay in their lane

Strata Building Bond Increase Delayed to 1 July 2025

Your LD clause may not exclude common law damages

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