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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

CommercialInsolvency
6 November, 2023

The PJC’s Corporate Insolvency Report

On 12 July 2023, the Parliamentary Joint Committee on Corporations and Financial Services (PJC) released a comprehensive report on corporate insolvency in Australia. This report made 28 recommendations focused on addressing various issues in the current Australian corporate insolvency space and raised some issues in the personal insolvency sector. The…
Property
9 October, 2023

Forfeiture of lease and relief for sublessees

A summary of Synergy Scaffolding Holdings Pty Ltd v Goodman Funds Management Australia Limited as trustee for GAI1 RPF Subtrust of the Hayesbery NSWSC 538 In this Supreme Court of New South Wales decision, the Summons filed by the Plaintiffs, the sublessees, in respect of relief sought against forfeiture of…
Property
22 September, 2023

Overview On Incentive Clawbacks

The effectiveness of incentive clawback provisions, whilst common in commercial leasing transactions, continues to be uncertain. Perhaps it is time to consider alternatives. See details below. Some recent cases In brief summary: Courts are open to interpreting an incentive clawback clause as potentially not being a penalty where it gives…
BuildingConstructionProperty
14 September, 2023

Landmark Legislation Passed: Housing Australia Future Fund (HAFF) to Transform Affordable Housing Landscape

In a significant development for the property development sector, the Federal Parliament has today successfully passed the bill establishing the $10 billion Housing Australia Future Fund (HAFF), marking a significant milestone in addressing the nation's housing crisis. This ground-breaking initiative is poised to unlock unprecedented opportunities for property developers and…
BuildingConstructionContractsDevelopmentProjects
7 September, 2023

Always Presume Design Liability

New trends increasing a contractor’s liability – AS4902 Last year we published an article explaining a recent trend concerning the imposition of design liability on contractors through buildability clauses in construct only contracts. In this article we examine another trend concerning increased design liability exposure to contractors’ in design &…
DevelopmentProperty
28 August, 2023

What is subdivision of land?

Subdivision of land is defined under the Environmental Planning and Assessment Act 1979 (NSW) as the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition. The division may (but need not) be effected: (a) by conveyance, transfer…
ConstructionDevelopmentPropertyTax
4 August, 2023

New state government housing tax!

Amid a housing supply and cost of living crisis, NSW Government has changed the Environmental Planning and Assessment Act introducing a new ‘Housing and Productivity Contribution’ that will immediately cost developers thousands. Undoubtedly the additional cost will be funnelled back to the purchasers. From 1 October 2023, the upfront construction…
CommercialConstructionContracts
21 July, 2023

Implied Terms In Construction Contracts

When nothing is something Construction contracts in Australia consist of both express and implied terms. Express terms are clearly stated and agreed upon by the parties involved. Implied terms, on the other hand, are "unspoken" but still considered part of a construction contract. This article will consider the concept of…
Tax
9 June, 2023

GST on the supply of real property – A reminder

This is a reminder that goods and services tax (GST) does not only apply to the purchase price of real property but also settlement adjustments. Under s9.5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act), consideration includes: any payment, or any act or forbearance, in…
LitigationProperty
1 June, 2023

Clawback of incentives remains an issue

The clawback of incentives and their enforceability remains a live issue with the courts treating clawback clauses as a penalty in certain circumstances.  This was recently reinforced in Alamdo Holdings Pty Ltd v Croc’s Franchising Pty Ltd (No 2) NSWSC 60 (Alamdo). In the context of commercial leasing, consideration should be given…