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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

Proposed New Tax Breaks for BTR Investment and Development ProjectsProperty
10 April, 2024

Proposed New Tax Breaks for BTR Investment and Development

The Federal Government has this week released draft legislation aimed at stimulating investment and development within the build-to-rent sector, aligning with its ambitious objective to construct 1.2 million new residences by 2029. This legislation, proposed to amend the Income Tax Assessment Act 1936, 1997 and 1953, seeks to introduce tax incentives…
Victoria Caldwell
Enforcing SOPA judgments: An overview of Garnishee Orders and Statutory Demands CommercialConstructionInsolvencyLitigationSecurity of Payments
5 April, 2024

Enforcing SOPA judgments: An overview of Garnishee Orders and Statutory Demands

Congratulations! You have just obtained an adjudication certificate. What comes next if the respondent refuses to pay the adjudicated amount? Knowing how to enforce SOPA debts is essential for construction industry participants who want to exercise their right to receive progress payment. Two potentially powerful options available to claimants are…
Victoria Caldwell
Enforceability Of HBA Contracts Law
28 March, 2024

Enforceability Of HBA Contracts

Dyjecinska v Step-Up Renovations (NSW) Pty Ltd NSWSC 159 (Dyjecinska case) The Home Building Act 1989 (NSW) (HBA) provides that a residential building contract (contract) must meet certain requirements, such as the contract must be signed, made in writing and contain sufficient description of the works. If the contract does…
Victoria Caldwell
Summary of New Important Changes to the Foreign Investment Legislation PropertyTax
25 March, 2024

Summary of New Important Changes to the Foreign Investment Legislation

The Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2024 (Fees Imposition Bill) and Treasury Laws Amendment (Foreign Investment) Bill 2024 (Foreign Investment Bill) have recently been introduced by the Federal Government to again change the foreign investment legislation. These Bills will have a substantial impact on foreign buyers acquiring Australian…
Victoria Caldwell
Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions CommercialFinanceInsolvencyProperty
15 March, 2024

Taking Security from Related Entities of a Borrower – Unreasonable Director-Related Transactions

Case note - Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 The recent case of Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd FCA 6 (Cooper), shed light…
Victoria Caldwell
Changes To The Strata Building Bond And Method Of Calculation BuildingConstructionContractsDevelopmentStrataTax
9 February, 2024

Changes To The Strata Building Bond And Method Of Calculation

The Building Legislation Amendment Act 2023 (NSW) The Strata Building Bond & Inspections Scheme (SBBIS) was introduced in 2018 to provide some protection to owners’ corporations in relation to defects. On 21 November 2023, the NSW Parliament passed the Building Legislation Amendment Act 2023 (NSW) (BLA) which makes 2 significant…
Victoria Caldwell
A cautionary tale – last minutes amendments to loan documents with guarantees CommercialFinance
24 January, 2024

A cautionary tale – last minutes amendments to loan documents with guarantees

In Lee v ATL (Australia) Pty Ltd NSWCA 327, the NSW Supreme Court considered whether a guarantor was liable under a loan deed that was amended by a side letter between the borrower and the lender (but not the guarantor).  The Court decided that as a matter of contractual construction,…
Victoria Caldwell
Case note on Young v Chief Executive Officer (Housing) [2023] HCTA 31 – an interesting case Property
18 December, 2023

Case note on Young v Chief Executive Officer (Housing) [2023] HCTA 31 – an interesting case

Why is this case important? Young v Chief Executive Officer (Housing) HCTA 31 was heard in the High Court of Australia earlier this year. It is important because: The High Court ruled that a tenant's distress and disappointment due to a prolonged absence of a backdoor was compensable under statute.…
Victoria Caldwell
Restraint of trade clauses in business sale agreements – What NOT to do CommercialContracts
5 December, 2023

Restraint of trade clauses in business sale agreements – What NOT to do

Restraint of trade clauses in business sale agreements must be drafted with enough specificity to avoid being struck out by the Court as unreasonable. This article will provide a few pointers on what not to do when drafting restraint clauses in business sale agreements. What is a restraint of trade?…
Victoria Caldwell
Be Wary of Your Payment Schedules Under the SOP Act BuildingConstructionSecurity of Payments
1 December, 2023

Be Wary of Your Payment Schedules Under the SOP Act

Turnkey Innovative Engineering Pty Ltd v Witron Australia Pty Ltd NSWSC 981 In the recent Supreme Court case of Turnkey Innovative Engineering Pty Ltd v Witron Australia Pty Ltd NSWSC 981, the Court emphasised how a respondent’s payment schedule must provide the amount and any reasons for withholding. The respondent’s…
Victoria Caldwell
Unfair Contract Terms Significantly Expanded. Don’t be caught out! CommercialContracts
1 December, 2023

Unfair Contract Terms Significantly Expanded. Don’t be caught out!

Businesses that employ fewer than 100 employees or with annual turnover under $10 million (Small Business) are now protected by the new unfair contract terms (UCT) regime in standard form contracts. The intention of this new UCT regime is to capture an expanded number of businesses and provide greater protections…
Victoria Caldwell
Using DOCAS To Preserve SOPA Claims In Administrations? BuildingCommercialConstructionInsolvencySecurity of Payments
1 December, 2023

Using DOCAS To Preserve SOPA Claims In Administrations?

Commercial Context Construction companies are often thinly capitalised and do not hold significant real property or other assets.  Often their most significant (and sometimes their only) assets are unpaid progress claims arising from construction work undertaken prior to entering into external administration. Progress claims however can be difficult to recover.…
Victoria Caldwell