March 2025

Commercial

31 March, 2025

Detin-who?

What to do when someone won't give back your goods You may have a claim in the tort of detinue if someone holds your goods and that person delays or refuses to give it back to you after you demand the return of your goods. What is the tort of…

Victoria Caldwell

Construction

25 March, 2025

Multiple Defendants in Construction Disputes

Ensuring Responsibility is Fairly Apportioned Why does apportioning liability matter? Like the construction process itself, construction disputes often involve multiple parties, who have often caused or contributed to loss or damage. In the context of construction litigation, particular challenges arise where loss or damage is alleged under the Home…

Victoria Caldwell

Property & Projects

21 March, 2025

Clawback of Lease Incentives – An Interesting Turn in Tasmanian Ports Corporation Pty Ltd v Resources Australasia Pty Ltd [2024] TASSC 60

Lease incentive clawback provisions are common but usually difficult to enforce. This has been the case in most circumstances until Tasmanian Ports Corporation Pty Ltd v Resources Australasia Pty Ltd TASSC 60 (Tas Ports). Tas Ports is an unusual case with unique circumstances but worthy to note particularly when acting…

Victoria Caldwell

Vincent Young

11 March, 2025

“The Crucible” March Newsletter

MARCH UPDATE Dealing with the ATO In 1939, Winston Churchill famously described Russia as “a riddle, wrapped in a mystery, inside an enigma”. These words can be equally applied to the Australian Tax Office. Emerging from its COVID era forbearances the ATO has announced that it is to be more…

bluesix

Commercial

7 March, 2025

Dealing with the ATO

In 1939, Winston Churchill famously described Russia as “a riddle, wrapped in a mystery, inside an enigma”. These words can be equally applied to the Australian Tax Office. Emerging from its COVID era forbearances the ATO has announced that it is to be more focused on recoveries and holding errant…

nicole

Vincent Young

6 March, 2025

Partner profile – Simon Mok

Simon Mok is our most recent partner at Vincent Young. With dual qualifications in both law and civil engineering, Simon has a thorough understanding and passion for construction which helps inform his legal practice. Simon is admitted in both Victoria and Hong Kong giving him global insight into the law…

nicole

Construction Security of Payments

3 March, 2025

Adjudicators under SOPA must make determinations on issues in dispute

Rogers Construction Group Pty Ltd V Mirage Interiors & Construction Pty Ltd NSWSC 1344 Under the NSW Building and Construction Industry Security of Payments Act 1999 (SOPA), adjudicators’ determinations are limited to matters that can be reasonably contemplated by either party. However, the Court will only quash a decision based on…

Victoria Caldwell

Detin-who?

Multiple Defendants in Construction Disputes

Clawback of Lease Incentives – An Interesting Turn in Tasmanian Ports Corporation Pty Ltd v Resources Australasia Pty Ltd [2024] TASSC 60

Dealing with the ATO

Partner profile – Simon Mok

Adjudicators under SOPA must make determinations on issues in dispute

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