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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

A reminder – what does using “reasonable endeavours” really mean? Commercial
12 December, 2024

A reminder – what does using “reasonable endeavours” really mean?

A promisor in an agreement is often required to use “reasonable endeavours” to comply with an obligation, but what does that term really mean? The key principles in Electricity Generation Corporation v Woodside Energy Ltd HCA 7 remain relevant Electricity Generation Corporation v Woodside Energy Ltd HCA 7 remains the…
December Newsletter – Trends in contract drafting – pandemics and ports Vincent YoungVY Newsletter
6 December, 2024

December Newsletter – Trends in contract drafting – pandemics and ports

DECEMBER UPDATE   Trends in contract drafting - pandemics and ports It is interesting to meet people in other fields and discuss their perspectives on the economy and the world. I recently met a renowned virologist and discussed the risk of another pandemic. This topic interests me as I have…
The newly introduced Property Developers Act 2024 (ACT) DevelopmentProperty & 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…
November Newsletter – Increased vigilance required in uncertain times Vincent YoungVY Newsletter
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…
Certifiers told to stay in their lane 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…
Change To Duties Lodgement Rules Affecting Transaction Timeframes Property & Projects
26 September, 2024

Change To Duties Lodgement Rules Affecting Transaction Timeframes

Summary of change From 8 October 2024 (Effective Date), an agreement or contract for sale of land with a dutiable value of $20 million or more must be submitted directly to Revenue NSW via the eDuties portal for assessment. This change applies to both residential and non-residential property transactions lodged…
September Newsletter – VY’s annual Q&A Dinner – Construction in Crisis Vincent YoungVY Newsletter
6 September, 2024

September Newsletter – VY’s annual Q&A Dinner – Construction in Crisis

SEPTEMBER UPDATE VY's annual Q&A Dinner - Construction in Crisis Vincent Young recently hosted its inaugural dinner, focusing on the pressing crisis facing the construction industry. The evening brought together a distinguished group of developers, builders, subcontractors, financiers, and insolvency practitioners, each offering valuable perspectives on the sector's challenges. The…
Impact of using “without prejudice” documents in an adjudication ConstructionSecurity of Payments
21 August, 2024

Impact of using “without prejudice” documents in an adjudication

AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited NSWSC 825 In general, communications and documents marked as “without prejudice” cannot be used by the other party as evidence in court. This ensures that parties can speak openly about the matter in dispute…
VY meets state politicians Construction
12 August, 2024

VY meets state politicians

Last week, our team had the privilege of meeting with The Hon Scott Farlow MLC and Mr Tim James MP to discuss the upcoming review by the Public Accountability and Works Committee of the Design and Building Practitioners Act 2020 and the Residential Apartment Buildings (Compliance and Enforcement) Act 2020.…
Construction Law Basics: The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263 Construction
8 August, 2024

Construction Law Basics: The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263

The judgment in The Owners – Strata Plan 80867 v Da Silva NSWDC 263 provides a fresh reminder of some basic concepts in construction law that every industry participant should know, namely, oral variations are not allowed under residential building contracts and claims under section 37 of the Design and…