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Insights on the

issues that matter

 

The law is complex and ever changing. Small amendments to legislation can have serious impact throughout the industry and broader economy. Seemingly minor details can make or break a business.

That’s why our team are constantly researching, writing and documenting the latest changes to the law. By placing focus on writing and commentary we ensure our team and our clients stay one step ahead of the competition.

Meet the Writers Guild

 

Our Writers Guild are some of the most prolific drafters in the industry. Our Senior Associates meet once a week to research, debate and write about the major issues facing our clients and the broader sector. We believe that by researching these matters it helps to inform our team and our clients, ensuring every move we make is deeply researched and considered. These deep insights form part of our winning formula at Vincent Young.

Contact us if you would like us to present to your organisation on any of the matters in our papers.

Latest articles

ProjectsProperty
10 April, 2024

Proposed New Tax Breaks for BTR Investment and Development

The Federal Government has this week released draft legislation aimed at stimulating investment and development within the build-to-rent sector, aligning with its ambitious objective to construct 1.2 million new residences by 2029. This legislation, proposed to amend the Income Tax Assessment Act 1936, 1997 and 1953, seeks to introduce tax incentives…
CommercialConstructionInsolvencyLitigationSecurity of Payments
5 April, 2024

Enforcing SOPA judgments: An overview of Garnishee Orders and Statutory Demands

Congratulations! You have just obtained an adjudication certificate. What comes next if the respondent refuses to pay the adjudicated amount? Knowing how to enforce SOPA debts is essential for construction industry participants who want to exercise their right to receive progress payment. Two potentially powerful options available to claimants are…
Law
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…
Litigation
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.…
Property
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…
CommercialInsolvencyLitigation
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…
HR
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…
Property
8 February, 2024

Enforceability Of Positive Covenants

Aust-One Investment Pty Ltd V New World Investments Pty Ltd NSWCA 22 Covenants that are registered on title and that ‘run with the land’ are restrictive in nature, a principle which is confirmed at common law and by statute. The general rule at common law is that the burden of…
BuildingConstructionSecurity of Payments
7 December, 2023

You Have One Shot

Serving a Payment Claim Post-Termination Introduction Section 13(1)(c) of the Building and Construction Industry (Security of Payment) Act 1999 (SOPA) allows contractors to serve one final payment claim after termination of a construction contract. In Taylor Construction Group Pty Ltd v Adcon Structural Group Pty Ltd NSWSC 723 (Taylor v…
BuildingCommercialConstructionInsolvencySecurity of Payments
1 December, 2023

Using DOCAS To Preserve SOPA Claims In Administrations?

Commercial Context Construction companies are often thinly capitalised and do not hold significant real property or other assets.  Often their most significant (and sometimes their only) assets are unpaid progress claims arising from construction work undertaken prior to entering into external administration. Progress claims however can be difficult to recover.…