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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 landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW ConstructionGuaranteesLawVincent Young
12 July, 2024

A landmark Court of Appeal case led by Vincent Young changes the operation of bank guarantees in NSW

Fundamental change to the operation of bank guarantees EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162 has changed the operation of bank guarantees fundamentally in New South Wales. The case represents a significant decision from an intermediate appellate court concerning the intricate dynamics between bank guarantees…
nicole
The Effect of Nominal Rates for Liquidated Damages BuildingConstructionContractsDevelopment
10 July, 2024

The Effect of Nominal Rates for Liquidated Damages

Not an exhaustive remedy for a delay This article discusses the impact of the statutory warranties under section 18B of the Home Building Act 1989 (NSW) (HBA) on liquidated damages under a construction contract. Introduction Generally, liquidated pre-ascertained damages are an express agreement between the parties of the genuine pre-estimate…
Victoria Caldwell
The limits of the Court’s approval for administrator fees CommercialInsolvency
10 July, 2024

The limits of the Court’s approval for administrator fees

In Australian Securities and Investments Commission v Marco (No 15) FCA 347, the Court addressed the factors to be considered when approving the fees of administrators. Cameron Shaw, Richard Albarran and Marcus Watters from Hall Chadwick sought a determination of their remuneration disbursements and costs for work performed over a…
Victoria Caldwell
Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed? AdjudicationBuildingConstructionLitigationSecurity of Payments
10 July, 2024

Can Contractors Prove Their SOPA Losses When a Precise Calculation Cannot Be Performed?

The case of Canterbury Bankstown Council v General Works and Construction Pty Ltd NSWSC 310 This article deals with whether submissions have been duly made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act) and what is necessary to establish losses where a precise calculation cannot…
Victoria Caldwell
Differences in the Design Component between Australian Standard Contracts and Government Contract GC21 BuildingConstructionContracts
10 July, 2024

Differences in the Design Component between Australian Standard Contracts and Government Contract GC21

What are the Australian Standard contracts? The Australian Standard contracts are a set of construction contracts in standard form developed by a not-for-profit organisation called Standard Australia. The Australian Standard contracts are widely used in the Australian construction industry. What is a government contract and what is the GC21? Government…
Victoria Caldwell
2024 Promotions Vincent Young
1 July, 2024

2024 Promotions

2024 Promotions Exciting times at Vincent Young. We’re proud to announce that Vick Tan has been promoted to Partner and Madeleine Manousaridis has been promoted to Senior Associate. Well deserved!  
nicole
Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider Law
21 June, 2024

Submissions “Duly Made” & the Scope of the Adjudicator’s Obligation to Consider

Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 The recent case of Bega Valley Shire Council v Kenpass Pty Ltd NSWSC 399 (“Bega Council v Kenpass”) discusses the level of consideration an adjudicator must have for each party’s arguments under section 22(2) of the Building and Construction Industry…
Victoria Caldwell
Seeking Payment Upstream from the Principal BuildingConstructionContractsDevelopmentProjectsSecurity of Payments
20 June, 2024

Seeking Payment Upstream from the Principal

After lodging a payment withholding request under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) on a principal, a subcontractor may utilise the Contractors Debt Act 1997 (NSW) (CDA) to seek payment directly from the principal instead of the respondent/contractor. This alternative means of seeking payment…
Victoria Caldwell
Leases and licences under the Foreign Acquisitions and Takeovers Act 1975 (Cth) – an analysis of commonly mistaken concepts Property
13 June, 2024

Leases and licences under the Foreign Acquisitions and Takeovers Act 1975 (Cth) – an analysis of commonly mistaken concepts

Acquisitions in an ‘interest in Australian land’ by a foreign person may be conditional on the Treasurer issuing a no-objection notification (FIRB Approval). Interest as lessee or licensee (Tenant Co) in a lease or licence giving rights to occupy Australian land may be considered as an ‘interest in Australian land’…
Victoria Caldwell
TOD and LMR Programs – Developers must engage DevelopmentProjectsProperty
17 May, 2024

TOD and LMR Programs – Developers must engage

Department and Developer Led Housing Increase The Transported Oriented Development (TOD) Program and the Low and Mid-Rise Housing (LMR) Program (together Programs) are opening up opportunities for increased development in targeted areas and regions of NSW. The Programs are initiatives not just to increase housing development to address the current…
Victoria Caldwell
When does a company “incur” a tax debt for the purposes of a claim under section 588G? CommercialInsolvency
14 May, 2024

When does a company “incur” a tax debt for the purposes of a claim under section 588G?

Section 588G of the Corporations Act 2001 (Cth) imposes a positive duty on company directors to stop a company they control from incurring a debt once it has become insolvent. Insolvent trading claims often constitute one of the easiest recoveries available in liquidation. Complexities however can arise when considering when…
Victoria Caldwell
NSW Housing Policy Advances with New Planning Controls for Transport Oriented Development Precincts Property
29 April, 2024

NSW Housing Policy Advances with New Planning Controls for Transport Oriented Development Precincts

In a pivotal move for New South Wales' housing policy, the Department of Planning, Industry, and Environment (DPIE) has today announced the finalisation of new planning controls under an amendment to the Housing State Environmental Planning Policy (SEPP) for 18 Transport Oriented Development (TOD) precincts. These precincts, strategically located across…
Victoria Caldwell