Articles

Construction Property & Projects

4 November, 2024

Strata Building Bond Increase Delayed to 1 July 2025

Strata Schemes Management Amendment (Strata Bond) Regulation 2024 (NSW) The increase to the strata building bond from 2% to 3% has been delayed for the fourth time. This article recaps what is a strata building bond, explains when it will not take force and why the delay has occurred. Recap…

nicole

Construction

1 November, 2024

Your LD clause may not exclude common law damages

Carbone v Fowler Homes Pty Ltd (No 2) NSWCA 214 In the past the UK Courts have been prepared to accept that a liquidated damages regime (even with a liquidated damages rate of $Nil or $1 per day) could operate to exclude any common law right to damages, even in…

nicole

Construction

29 October, 2024

Incorporation of Prior Works into a Contract

Prior Works are Covered… Or are They? Overview This article has been prompted by a recent Queensland adjudication determination where the adjudicator determined that even though the terms of the contract in question incorporated by reference prior works performed under an early contractor involvement (ECI) agreement, the contract did…

nicole

Property & Projects

24 October, 2024

Upcoming mandatory disclosure regime in Queensland land contracts

From 1 August 2025, a seller of land in Queensland must comply with the pre-contract disclosure regime, unless an exemption applies. This is a significant change arising out of the Property Law Act 2023 (Qld) (Act) which received royal assent on 2 November 2023 but was only proclaimed to commence…

nicole

Vincent Young

4 October, 2024

October Newsletter – The Pendulum of Power

OCTOBER UPDATE The Pendulum of Power As a young lawyer in 1996, following Keating’s recession, we had to have, I witnessed the swing in negotiation power from the developer to the contractor. At that time, the money flow had dried up, and the cashed-up contractors offered to finance, design and…

Victoria Caldwell

Construction

30 September, 2024

Procurement from suppliers in China

What do you need to know? Simon Mok is a Special Counsel with Vincent Young and is dual-qualified in Hong Kong and Australia. He has a deep understanding of the legal requirements in Hong Kong and Australia. He provides his insights into procurement from China below. Australian builders often source…

Victoria Caldwell

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…

Victoria Caldwell

Commercial

20 September, 2024

PPSA Series: Do You Have A PPSA Security Interest?

In the matter of Qenos Pty Ltd (Administrators Appointed) NSWSC 483 In the matter of Qenos Pty Ltd (Administrators Appointed) NSWSC 483 is a helpful case which analyses when a security interest may or may not arise under the Personal Property Securities Act 2009 (Cth) (PPSA). Facts of the Case…

Victoria Caldwell

Development Property & Projects

13 September, 2024

Will TOD Make it on its Own?

Introduction The Transported Oriented Development (TOD) Program and the Low and Mid-Rise Housing (LMR) Program (Programs) and the concept of a focus on accelerated precincts arose from a consideration of not just trying to increase housing, but an endeavour to increase housing where opportunities exist and where they don’t exist…

Victoria Caldwell

Vincent Young

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…

Victoria Caldwell

Insolvency

29 August, 2024

An uncomfortable letter of comfort

In Forex Capital Trading Pty Ltd (in liquidation) v Invesus Group Limited NSWSC 867, the Court considered two issues. The first issue is whether a liquidator, by admitting a proof of debt, creates a liability of the company in liquidation. The second is whether the determination of a liquidator is…

Victoria Caldwell

Construction Security 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…

Victoria Caldwell

Construction

19 August, 2024

Can Claimants Establish a DBPA Claim Using a Less Stringent Standard of Proof?

Kazzi v KR Properties Global Pty Ltd t/as AK Properties Group NSWCA 143 (Kazzi v KR Properties) A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in…

Victoria Caldwell

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.…

nicole

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…

Victoria Caldwell

Construction

8 August, 2024

Artificial Intelligence in Construction Law

In line with the growing trend of artificial intelligence (AI) in contract review, Vincent Young has taken the initiative to explore several leading AI systems on the market. This article provides some insights into the strengths and weaknesses of AI systems, drawing from our own experiences. While Vincent Young acknowledges…

Victoria Caldwell

Insolvency

8 August, 2024

Liquidator failing to Syfon back third-party payments

In the case of In the matter of Pacific Plumbing Group Pty Limited (in liquidation) NSWSC 525, the Supreme Court of New South Wales provided helpful insight into what constitutes an unfair preference payment in the context of third party payments. This case serves as a reminder that, in the…

Victoria Caldwell

Construction

7 August, 2024

Detailed Analysis of Recovering a Drawn-Down Bank Guarantee by the Security of Payment Act

EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162 In EnerMech Pty Ltd v Acciona Infrastructure Projects Australia Pty Ltd NSWCA 162, the New South Wales Court of Appeal ruled in a way that permits payment claims to seek payment not specifically “for construction work”. The…

Victoria Caldwell

Property & Projects

26 July, 2024

Ways to “end” a strata scheme

Mascot Towers case study on termination of strata scheme and collective sale Introduction Once a strata scheme is created on registration of the strata plan, an owners corporation will only be able to “end” the strata scheme in limited circumstances. The Mascot Towers is a “cautionary tale” of what owners…

Victoria Caldwell

Construction Vincent 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

Construction

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

Property & Projects

10 July, 2024

Liquidators Should Be Aware Of Strata Levies

The effect of strata levies on a winding up A liquidator has the power to sell all or any part of the property of a company to which the liquidator is appointed under section 477(2) of the Corporations Act 2001 (Cth) (Corporations Act). When the court appoints a liquidator to…

Victoria Caldwell

Construction

10 July, 2024

Making a Calderbank Offer: Things to keep in mind

If you have ever litigated, you may have received a Calderbank Offer. The Calderbank Offer may have prompted you to question whether a bad settlement is better than pursuing a costly trial and the risks of losing the case and paying costs on an indemnity basis. The judgment in Metricon…

Victoria Caldwell

Insolvency

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

Insights on the

issues that matter

Meet the Writers Guild

Latest articles

Strata Building Bond Increase Delayed to 1 July 2025

Your LD clause may not exclude common law damages

Incorporation of Prior Works into a Contract

Upcoming mandatory disclosure regime in Queensland land contracts

Procurement from suppliers in China

Change To Duties Lodgement Rules Affecting Transaction Timeframes

PPSA Series: Do You Have A PPSA Security Interest?

Will TOD Make it on its Own?

An uncomfortable letter of comfort

Impact of using “without prejudice” documents in an adjudication

Can Claimants Establish a DBPA Claim Using a Less Stringent Standard of Proof?

VY meets state politicians

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

Artificial Intelligence in Construction Law

Liquidator failing to Syfon back third-party payments

Detailed Analysis of Recovering a Drawn-Down Bank Guarantee by the Security of Payment Act

Ways to “end” a strata scheme

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

The Effect of Nominal Rates for Liquidated Damages

Liquidators Should Be Aware Of Strata Levies

Making a Calderbank Offer: Things to keep in mind

The limits of the Court’s approval for administrator fees

Categories

Archives