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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.

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Latest articles

NSW Government considers new legislation against contractors DevelopmentProperty & Projects
1 July, 2019

NSW Government considers new legislation against contractors

In the wake of two well-publicised damaged apartment blocks, the NSW Government has released an update on their plan for legal reform within the building and construction landscape. In short, the NSW Government proposes further regulation and a statutory duty of care. In June 2019, the NSW Government released the…
Victoria Caldwell
Stay on adjudicated amount prevents DSD ‘rising from the ashes’ InsolvencySecurity of Payments
7 December, 2018

Stay on adjudicated amount prevents DSD ‘rising from the ashes’

  TALKING POINTS: Contractor’s risk of insolvency Implications on adjudication determination under the Security of Payment Act NSW (SOP Act) Illegal phoenix activity Greenwood Futures v DSD Builders (No 2) NSWSC 1471 In Greenwood Futures v DSD Builders (No 2), the NSW Supreme Court granted a continuation of stay on…
Victoria Caldwell
Recent Cases on Restrictions on Vendor’s Right to Rescind in Off the Plan Contracts Property & Projects
9 February, 2018

Recent Cases on Restrictions on Vendor’s Right to Rescind in Off the Plan Contracts

Sunset clauses are common in off the plan contracts or other contracts where the vendor has obligations to satisfy conditions precedent to complete (Contract). Off the plan contract means a contract for the sale of a residential lot (subject lot) that has not been created at the time that the…
Victoria Caldwell
Rich man, poor man – Inpecunious claimants enforcing an adjudication determination Security of Payments
12 January, 2018

Rich man, poor man – Inpecunious claimants enforcing an adjudication determination

Can a respondent not pay an adjudication determination because the claimant is acting as if it were broke? An adjudication has been made against a respondent. The builder or subcontractor (the claimant) is on the brink – trading at a loss, firing staff, changing corporate structure. The respondent knows they…
Victoria Caldwell

Deeming provisions doomed under the Building and Construction industry Security of Payment Act (1999) NSW (Act)
Changes To Fire Safety Requirements In The 2016 National Construction Codes – Could This Affect Your Project? Construction
28 August, 2017

Changes To Fire Safety Requirements In The 2016 National Construction Codes – Could This Affect Your Project?

  Following the Lacrosse Apartments fire in Melbourne, the Australian Building Codes Board (ABCB) began to develop a comprehensive package of fire safety measures for high rise buildings which was to be incorporated into the next version of the National Construction Code (NCC). However, following the Grenfell Tower fire in…
Victoria Caldwell
Changes to the Capital Gains Withholding Rules – What They Are and What They Mean To You Property & Projects
1 August, 2017

Changes to the Capital Gains Withholding Rules – What They Are and What They Mean To You

The Federal Government has reduced the threshold at which a vendor is required to provide a Foreign Resident Capital Gains Clearance Certificate (FRCGCC) to purchasers of real property. The new rules apply to all contracts for sale with a market value over $750,000 (previously $2,000,000) entered into from 1 July…
Victoria Caldwell
Service by email: Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act) Security of Payments
11 July, 2017

Service by email: Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act)

The Electronic Transactions Legislation Amendment (Government Transactions) Act 2017 (Act) passed into law in the last week of June 2017. It amended a number of Acts including the Strata Management Scheme Act 2015 NSW delaying the commencement of the new defects bond scheme until January 2018. Email Allowed Whilst it did…
Victoria Caldwell
When It Comes To Delay, Don’t Wait And See – The 2nd Edition Of The SOCL Delay And Disruption Protocol Construction
25 June, 2017

When It Comes To Delay, Don’t Wait And See – The 2nd Edition Of The SOCL Delay And Disruption Protocol

  In February of this year, the Society of Construction Law (“SOCL”) published the 2nd Edition of the Delay and Disruption Protocol (“the Protocol”) – the first update to the Protocol since the release of the first edition in 2002. The Protocol is prepared for the UK market, but has…
Victoria Caldwell
NSW Government to impose increased stamp duty and land tax surcharges on foreign persons (including foreign owned developers) DevelopmentProperty & Projects
21 June, 2017

NSW Government to impose increased stamp duty and land tax surcharges on foreign persons (including foreign owned developers)

The NSW Budget Statement (released on 20 June 2017) has provided further details on how the increased stamp duty and land tax surcharges will affect foreign owned developers. To recap, on 1 June 2017, the NSW Government announced its intention to increase the surcharges as such: Summary Foreign owned purchasers…
Victoria Caldwell
Proposed cap on foreign ownership in New Dwelling Exemption Certificates aimed at reducing pressure on housing affordability. Property & Projects
17 May, 2017

Proposed cap on foreign ownership in New Dwelling Exemption Certificates aimed at reducing pressure on housing affordability.

In the 2017-2018 Federal Budget the Government announced several changes aimed at reducing pressure on housing affordability, some of which affect foreign ownership of Australian residential property. The biggest change is the introduction of a cap on foreign ownership in new developments, through a condition on New Dwelling Exemption Certificates…
Victoria Caldwell
Is the Option Fee Treated as Consideration When Calculating GST Under the Margin Scheme? Property & Projects
1 May, 2017

Is the Option Fee Treated as Consideration When Calculating GST Under the Margin Scheme?

In The Trustee for the Whitby Trust v Commissioner of taxation AATA 343 (20 March 2017), the AAT has held that an option fee paid by a developer do not form part of the consideration for acquiring the property for the purposes of calculating GST under the margin scheme in…
Victoria Caldwell
You, Me and the Garnishee Commercial
5 April, 2017

You, Me and the Garnishee

The first question clients ask when obtaining a favourable judgment is “how will we enforce this judgment against the debtor?”. The quickest and most effective way to enforce a judgment debt is to obtain a garnishee order from the Court. This article sets out the key elements of garnishee orders…
Victoria Caldwell
Creditors to be vigilant when using the statutory demand procedure to enforce an Adjudication Certificate Insolvency
13 March, 2017

Creditors to be vigilant when using the statutory demand procedure to enforce an Adjudication Certificate

IntroductionDuring the process of obtaining payment under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), a Contractor (or Subcontractor) may, after obtaining an adjudication certificate and filing the certificate in the court of competent jurisdiction, serve a statutory demand on the Principal (or Contractor) demanding…
Victoria Caldwell
Adjudication determinations are not reviewable for non-jurisdictional errors of law ConstructionSecurity of Payments
6 March, 2017

Adjudication determinations are not reviewable for non-jurisdictional errors of law

In our June 2016 issue of Construction, Property & Projects Insights (Issue 4), we discussed the first instance decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd NSWSC 770, in which the Supreme Court of NSW held that adjudication determinations were subject to judicial review for non-jurisdictional…
Victoria Caldwell
Buyer’s Beware: Is the selling agent an agent for all purposes? – Tan v Russell [2016] VSC 93 Property & Projects
20 February, 2017

Buyer’s Beware: Is the selling agent an agent for all purposes? – Tan v Russell [2016] VSC 93

Legal IssueA recent decision in the Victorian Supreme Court examined whether the Plaintiffs, Tan and Lo, validly exercised their cooling off rights to terminate a contract for sale in circumstances where the notice was served on the vendor’s selling agent.Practical Effect of DecisionThe case illustrates the importance of knowing, prior…
Victoria Caldwell