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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.

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

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 ConstructionSecurity of Payments
14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

  What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…
Victoria Caldwell
Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line? Construction
28 November, 2022

Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line?

Where defective construction work requires rectification and the rectification work is carried out by the Principal, the Principal is entitled to recover the cost of those rectification works in the form of damages. This article considers the extent of the damages recoverable by a Principal. How does a Principal recover…
Victoria Caldwell
The doctrine of frustration in land contracts Property & Projects
4 November, 2022

The doctrine of frustration in land contracts

The Doctrine of Frustration Frustration operates to bring a contract to an end in circumstances where an intervening, post-contract event has occurred through no fault of the parties, which makes a contractual obligation impossible to perform or transforms a contractual obligation into a fundamentally different obligation. Frustration in contract generally and…
Victoria Caldwell
How did the NSW and UK Governments react to combustible cladding following the Grenfell fire? ConstructionProperty & Projects
14 October, 2022

How did the NSW and UK Governments react to combustible cladding following the Grenfell fire?

Combustible Cladding: London to Sydney The Lacrosse Apartment fire in Melbourne (2014) and the death of 72 people in the Grenfell Tower fire in London (2017) exposed the use of combustible cladding and the regulations in place. Five years after the Grenfell Tower fire, it is important to revisit the…
Victoria Caldwell
Requirements for inter-state service of proceedings – they matter! Commercial
9 September, 2022

Requirements for inter-state service of proceedings – they matter!

Most lawyers know that there are special rules governing service of proceedings outside of Australia, but there are also statutory provisions governing inter-State service of proceedings. These rules stem from our constitution and federal system of government. It is important to follow the requirements of these statutory provisions closely to…
Victoria Caldwell
A bumpy ride: Deliveroo rider found to be a contractor, not an employee Employment
1 September, 2022

A bumpy ride: Deliveroo rider found to be a contractor, not an employee

The Fair Work Commission Full Bench (FWCFB) has quashed a finding that a rider of Deliveroo, Mr Franco, was an employee rather than an independent contractor. Therefore, Mr Franco is not protected from unfair dismissal. This decision comes after the High Court affirmed earlier this year in Personnel Contracting and…
Victoria Caldwell
Buildability Clauses and The End Of Construct-Only Contracts Construction
23 August, 2022

Buildability Clauses and The End Of Construct-Only Contracts

A new trend has emerged in the drafting of construct-only construction contracts which places unexpected design risks on Contractors. Contractors should pay close attention to any clause containing the terms buildability or constructability, which may entail broad design obligations, even where the contract is otherwise a construct-only variety such as…
Victoria Caldwell
Off the plan misrepresentation – Case note on Ripani v Century Legend Pty Ltd [2022] FCA 242 Property & Projects
28 July, 2022

Off the plan misrepresentation – Case note on Ripani v Century Legend Pty Ltd [2022] FCA 242

THE KEY TAKEAWAYS The words “artist’s impression” do not detract from the materiality of an image and the representations it conveys. Boilerplate disclaimer clauses in marketing material and exclusion clauses in contracts are insufficient to exclude the statutory remedies under the Australian Consumer Law comprised in Schedule 2 of the…
Victoria Caldwell
Defective Carpets and Floating Floorboards – Common Property or Lot Property? Property & Projects
22 July, 2022

Defective Carpets and Floating Floorboards – Common Property or Lot Property?

One unsettled area of law that could have potentially far-reaching implications is the distinction between common property and lot property in a Strata Plan. This is particularly relevant where Owners Corporations are suing builders for defects to floors and ceilings. Determining whether a particular building element is common or lot…
Victoria Caldwell