November 2025

Takeaways from CBEM Holdings Pty Ltd v Sunshine East Pty Ltd NSWCA 250 The recent Court of Appeal decision in CBEM Holdings Pty Ltd v Sunshine East Pty Ltd NSWCA 250 reaffirmed some important legal principles regarding claims to recover overpayments made in progress claims. Background In the CBEM case,…

Kapila v Monument Building Group Pty Ltd NSWSC 1306 Section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) allows an owner to bring a claim for defective work against building professionals involved in the work. Parties facing a section 37 claim often raise an apportionment defence…