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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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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.

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Latest articles

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
High Court rules that a payment claim is invalid without a valid reference date ConstructionSecurity of Payments
9 February, 2017

High Court rules that a payment claim is invalid without a valid reference date

Introduction In our November 2016 Construction, Property & Projects Insights (Issue 5), we noted that the High Court was soon to release judgment in Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd HCA 52 (Southern Han Decision), which would be the first time the High…
Victoria Caldwell
Developers to be allowed to resell off-the-plan dwellings after failed sales DevelopmentProperty & Projects
21 December, 2016

Developers to be allowed to resell off-the-plan dwellings after failed sales

The Federal Government has announced its intention to pass legislation under the foreign investment framework to allow foreign buyers to purchase an off-the-plan dwelling when another foreign buyer has failed to reach settlement and the contract has been rescinded or terminated.The main legislative issue for developers is what currently constitutes…
Victoria Caldwell
Building Energy Efficiency Certificates (BEEC) – changes from 2017 Construction
14 December, 2016

Building Energy Efficiency Certificates (BEEC) – changes from 2017

The position regarding Building Energy Efficiency Certificates (BEEC) in Australia is in a transition phase as a result of changes to the Commercial Building Disclosure Program (CBDP), which exists under the Building Energy Efficiency Disclosure Act 2010. Currently, lessors are required to provide energy efficient information when they lease or…
Victoria Caldwell
Construction, Property & Projects Insights Issue 5 – November 2016 ConstructionProperty & Projects
1 December, 2016

Construction, Property & Projects Insights Issue 5 – November 2016

In this issue, we look at the following key developments in construction, property & projects law:Security of Payments Goes to the High CourtUnfair Contract Terms in the Construction Industry – You Need to Take ActionNew Strata Laws and Building Bond Regime Set to CommenceLoose Lips Sink Ships – Representations During…
Victoria Caldwell
Proposed changes to retail leasing legislation – what you need to know Property & Projects
16 November, 2016

Proposed changes to retail leasing legislation – what you need to know

On 8 November 2016, the NSW government introduced the Retail Leases Amendment (Review) Bill 2016 (Bill), which seeks to amend the Retail Leases Act 1994 (Act).The Bill provides further protection to a lessee consistent with the general legal environment of increased ‘consumer’ and small business protection.This article examines some of…
Victoria Caldwell
New Strata Renewal Process Soon To Take Effect Under Part 10 Strata Schemes Development Act 2015 Property & Projects
7 November, 2016

New Strata Renewal Process Soon To Take Effect Under Part 10 Strata Schemes Development Act 2015

Part 10 of the Strata Schemes Development Act 2015 (Act) prescribes a process for strata renewal. Part 10 commenced on 30 November 2016. The Part 10 process enables the owners in a strata scheme to seek a Court order for one of 2 options: the “collective sale” of all apartments…
Victoria Caldwell
Loose Lips Sink Ships – Representations During Negotiations CommercialConstructionProperty & Projects
27 September, 2016

Loose Lips Sink Ships – Representations During Negotiations

Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd HCA 26This Victorian case illustrates the problem with talking loosely during negotiations.The case worked its way from the Victorian Civil & Administrative Tribunal (VCAT), through the Victorian Court of Appeal and finally to the full bench of the High Court.The FactsThe…
Victoria Caldwell
Unfair Contract Terms in the Construction Industry – You Need to Take Action Construction
16 September, 2016

Unfair Contract Terms in the Construction Industry – You Need to Take Action

Unfair Contract Terms in the Construction Industry – You Need to Take ActionIn November 2016 new legislative changes will see negotiating power swing away from larger businesses towards small businesses.This article looks at:the changes to the Australian Consumer Law which will extend unfair contract protections to small businesses (less than…
Victoria Caldwell
New strata building bond scheme is set to commence 1 July 2017 ConstructionProperty & Projects
11 July, 2016

New strata building bond scheme is set to commence 1 July 2017

 What is the Building Bond Scheme? The building bond scheme is a regime whereby developers of residential strata schemes have to: lodge a bond with the Department of Finance, Services and Innovation (DFSI); and arrange for defects inspections within the strata scheme after completion of the building work. Does the…
Victoria Caldwell
Construction, Property & Projects Insights Issue 4 – June 2016 ConstructionSecurity of Payments
4 July, 2016

Construction, Property & Projects Insights Issue 4 – June 2016

In this issue, we look at the following key developments in construction, property & projects law: Contractual Clauses Limiting the Accrual of Reference Dates or a Right to a Progress Payment | Are Your Clauses Void? Supreme Court Overturns Adjudication Determination for Failure to Apply LDs Case Law Developments |…
Victoria Caldwell
AFR – Property Industry Fights War for Talented Staff to Meet Growing Demands in Boom Time ConstructionEmployment
19 March, 2015

AFR – Property Industry Fights War for Talented Staff to Meet Growing Demands in Boom Time

The following article was published in The Australian Financial Review on  12 February 2015 by Michael Bleby. The principal of Vincent Young, Brett Vincent, offered his insight into the trends of the construction and property industry hiring boom. The property industry is going through a hiring boom as demand surges for…
Victoria Caldwell