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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.

Latest articles

Commercial

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

Construction Security 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

Commercial

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

Commercial Construction Insolvency Security 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

Construction Security of Payments

30 November, 2023

Procedural Fairness In Adjudication

Demex Pty Ltd v McNab Building Services Pty Ltd NSWCA 261 The recent NSW Court of Appeal decision in McNab Building Services Pty Ltd v Demex Pty Ltd NSWCA 261 considered an appeal of a NSW Supreme Court decision quashing an Adjudicator’s decision under the Building and Construction Industry Security…

Victoria Caldwell

Commercial Construction Development

22 November, 2023

How to Prevent Bank Guarantees being Called Upon

Bank guarantees are a familiar presence in construction contracts. They are seen to be “as good as cash” and the holders of bank guarantees call on the guarantees when there is a dispute with a contractor or subcontractor providing the bank guarantee. Bank guarantees are often expressly stated to be…

Victoria Caldwell

Construction Security of Payments

22 November, 2023

Jurisdictional Errors of an Adjudicator

Miller v LMG Building Pty Ltd NSWSC 995 Introduction The case of Miller v LMG Building Pty Ltd NSWSC 995 is a reminder of the obligations of an adjudicator when making a determination under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act). Relevant facts On 30…

Victoria Caldwell

Construction Development

10 November, 2023

Recourse To Security Based On A Bona Fide Claim

Total Construction Pty Ltd v Catholic Healthcare Limited NSWSC 585 It is common for bank guarantees (BGs) to be used as a form of security to secure the performance of a contractor’s obligation in a construction contract. A principal’s right to have recourse to the BGs is often governed by…

Victoria Caldwell

Commercial Insolvency

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…

Mark Lucchitti

Commercial Insolvency

13 October, 2023

Can statutory demands and set aside applications be served by email?

Bioaction Pty Ltd v Ogborne, in the matter of Bioaction Pty Ltd FCA 436 Statutory demands and applications to set aside a statutory demand may be served by email, however this manner of service is fraught with danger. The requirements for effective service are more complicated and the onus for…

Vincent Young

Property & Projects

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…

Vincent Young

Property & Projects

6 October, 2023

Increase in Property Related Duties – A further revenue hit

The release of the 2023-24 budget by NSW Treasurer Daniel Mookhey on September 19, 2023, marked a significant turning point in the fiscal landscape of the state projected to yield a substantial increase in revenue, estimated at nearly $1 billion over the next four years. In this article we focus…

Vincent Young

Property & Projects

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…

Vincent Young

Insolvency

22 September, 2023

Recovery of judgment debts – Garnishee and Writs

If you have obtained a judgment in your favour and the judgment debtor has failed to pay the judgment amount to you, what are your options? This article looks at two ways you can enforcement a judgment: a garnishee order and a writ. Garnishee order A garnishee order imposes an…

Vincent Young

Construction Property & Projects

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…

Vincent Young

Construction Development

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 &…

Brett Vincent

Development Property & Projects

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…

Vincent Young

Construction Security of Payments

25 August, 2023

Setting Aside An Adjudicator’s Determination Under The SOP Act

Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 2) NSWSC 401 Under section 32A of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), the Supreme Court has a discretionary power to set aside the whole or part of an adjudicators determination that has been…

Brett Vincent

Construction Development Property & Projects

23 August, 2023

NSW Government Announces Dramatic Planning Re-structure

On Friday 18 August 2023, New South Wales Premier, Chris Minns, unveiled a drastic new portfolio re-structure aimed at tackling energy challenges, climate change, environmental preservation and housing concerns. From 1 January 2024, the Department of Planning and Environment will undergo a strategic division into two new specialised Departments: the…

Vincent Young

Commercial Insolvency

15 August, 2023

Unfair Preference Claims – High Court confirms Peak Indebtedness Rule no longer applies

As more companies circle the drain in an increasingly uncertain economic environment, it is timely to review recent developments in unfair preference claims brought by liquidators against creditors. In the recent decision of Bryant & Ors v Badenoch Integrated Logging Pty Ltd HCA 2 (Gunns), the High Court confirmed the…

Vincent Young

Construction

7 August, 2023

The Onus And Evidentiary Threshold For Combustible Cladding Clarified

Owners SP 92450 v JKN Para 1 Pty Ltd NSWCA 114 The Court of Appeal (CA) recently clarified the onus and evidentiary threshold for proving combustible cladding claims, making it easier for claimants to establish the liability of builders and developers. In short: a claimant no longer needs to show…

Vincent Young

Construction Development Property & Projects

4 August, 2023

Minns Labor Government Introduces Housing and Productivity Contribution Scheme

Why the HAPCS? The Minns Labor Government of New South Wales is taking what it believes to be decisive action to address the challenges posed by the State's fast-growing population. With some changes already in place since its taking of Office, the Government has introduced the Housing and Productivity Contribution…

Vincent Young

Construction Development Property & Projects

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…

Brett Vincent

Commercial Construction

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…

Vincent Young

Insights on the

issues that matter

Meet the Writers Guild

Latest articles

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

Be Wary of Your Payment Schedules Under the SOP Act

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

Using DOCAS To Preserve SOPA Claims In Administrations?

Procedural Fairness In Adjudication

How to Prevent Bank Guarantees being Called Upon

Jurisdictional Errors of an Adjudicator

Recourse To Security Based On A Bona Fide Claim

The PJC’s Corporate Insolvency Report

Can statutory demands and set aside applications be served by email?

Forfeiture of lease and relief for sublessees

Increase in Property Related Duties – A further revenue hit

Overview On Incentive Clawbacks

Recovery of judgment debts – Garnishee and Writs

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

Always Presume Design Liability

What is subdivision of land?

Setting Aside An Adjudicator’s Determination Under The SOP Act

NSW Government Announces Dramatic Planning Re-structure

Unfair Preference Claims – High Court confirms Peak Indebtedness Rule no longer applies

The Onus And Evidentiary Threshold For Combustible Cladding Clarified

Minns Labor Government Introduces Housing and Productivity Contribution Scheme

New state government housing tax!

Implied Terms In Construction Contracts

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