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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.

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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.

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Latest articles

Modern slavery obligations: a Commonwealth and NSW perspective Employment
20 April, 2022

Modern slavery obligations: a Commonwealth and NSW perspective

Background On 1 January 2019, the Modern Slavery Act 2018 (Cth) (“Commonwealth Act”) came into effect and established a national modern slavery reporting requirement. However, this Commonwealth Act had two key inconsistencies in the reporting requirements with the Modern Slavery Act 2018 (NSW) (“NSW Act”) as follows: the NSW Act…
Victoria Caldwell
You’re dismissed…or maybe not: when a demotion may not amount to a dismissal Employment
18 April, 2022

You’re dismissed…or maybe not: when a demotion may not amount to a dismissal

In a recent decision, the Fair Work Commission Full Bench (FWCFB), in considering the meaning of “dismissal” under section 386 of the Fair Work Act 2009 (Cth) (FW Act), has found that a 10% salary reduction did not amount to a dismissal. Following an investigation into allegations of misconduct, NSW…
Victoria Caldwell
Security of Payments
Dealing with ipso-facto clauses and step in rights in construction insolvencies Commercial
12 April, 2022

Dealing with ipso-facto clauses and step in rights in construction insolvencies

What you need to know The construction industry is currently experiencing a high number of insolvencies. Various moratoria arise on a builder entering into external administration which can impact upon the rights that can be exercised by developers, sub-contractors and suppliers. Amongst other restrictions, this includes prohibitions on counterparties taking…
Victoria Caldwell
Case Note: Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152 ConstructionSecurity of Payments
24 March, 2022

Case Note: Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd [2022] NSWSC 152

The recent Supreme Court decision in Equa Building Services Pty Ltd v A&H Floors 2 Doors Australia Pty Ltd NSWSC 152 (Equa) has re-emphasised the importance of strict compliance with the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act). In particular: contractors and subcontractors…
Victoria Caldwell
The addition of absolute discretion in EOT clauses – No notices – no extensions of time ConstructionSecurity of Payments
11 March, 2022

The addition of absolute discretion in EOT clauses – No notices – no extensions of time

The New South Wales Supreme Court’s decision in Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd NSWSC 290 (Growthbuilt) has extremely significant implications regarding extension of time (EOT) clauses. Contractors and legal practitioners must take note of this momentous decision. Implications for contractors The key takeaway from…
Victoria Caldwell
Identifying construction work in payment claims – correctly identify, or pay the price ConstructionSecurity of Payments
1 March, 2022

Identifying construction work in payment claims – correctly identify, or pay the price

To be able to access the adjudication process under the various Security of Payment schemes in Australia, claimants are required by legislation to “identify” the construction works in a payment claim for which they seek payment. The word “identify” does not arise frequently in security of payment legislation, but where…
Victoria Caldwell
Payment Schedules Must Contain Proper Reasons to Withhold Payment ConstructionSecurity of Payments
17 February, 2022

Payment Schedules Must Contain Proper Reasons to Withhold Payment

It is tempting to respond in a Payment Schedule with the words “pending”, “insufficient information“ or  “we will not pay your claim until all works are finished”. However, these types of unsubstantiated reasons will not work. In the NSW Supreme Court of Appeal case, Joye Group Pty Ltd v Cemco…
Victoria Caldwell
Security Of Payment Act: work within 12 months a matter for the adjudicator ConstructionSecurity of Payments
2 February, 2022

Security Of Payment Act: work within 12 months a matter for the adjudicator

Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), unless the contract provides otherwise, a payment claim may only be made within 12 months after the work to which the claim relates was last carried out (section 13(4)(b)). In EQ Constructions Pty Ltd v A-Civil Aust…
Victoria Caldwell
Can you “trust” a trustee? – Limitation of trustee liability clauses in Construction Contracts Commercial
27 January, 2022

Can you “trust” a trustee? – Limitation of trustee liability clauses in Construction Contracts

What you need to know? Trustees are commonly used to enter into construction contracts as a risk mitigation tool. When contracting as a trustee one needs to be careful to ensure that the appropriate trustee limitation of liability provisions are included in the construction contract. When contracting with a trustee…
Victoria Caldwell
I can manage myself – A lesson in bullying and performance management Employment
25 January, 2022

I can manage myself – A lesson in bullying and performance management

The Fair Work Commission (FWC) has rejected an employee’s application for anti-bullying orders, after finding the employee had, on occasions, been “blatantly misogynistic”. The employee, who began reporting to his female supervisor last year, was put on a performance improvement plan (PIP) by the supervisor, following concerns about his performance,…
Victoria Caldwell
Government introduces the Religious Discrimination Bill 2021 (Cth) Employment
25 November, 2021

Government introduces the Religious Discrimination Bill 2021 (Cth)

This week the Morrison Government has introduced into Parliament the Religious Discrimination Bill 2021 (Cth) (Bill) . The Bill seeks to make it unlawful to discriminate against a person on the ground of religious belief or activity in various areas of public life, including work, education, access to premises and…
Victoria Caldwell
More Than A (Bare) Pleading – The Implications of the Supreme Court’s First Decision on the Statutory Duty of Care under the DBPA Construction
16 November, 2021

More Than A (Bare) Pleading – The Implications of the Supreme Court’s First Decision on the Statutory Duty of Care under the DBPA

The New South Wales Supreme Court has issued its first decision concerning the statutory duty of care in section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA), which carried important implications in relation to the operation of the statutory duty of care in defects disputes. Vincent Young…
Victoria Caldwell
Charging clauses in residential home building contracts ConstructionProperty & Projects
11 November, 2021

Charging clauses in residential home building contracts

This article considers whether a licensed contractor can insert a charging clause in a residential home building contract. This question is important because it determines whether a licensed contractor can secure their entitlement to receive payment from a residential homeowner.  A secured entitlement helps mitigate the risk of non-payment. Charging…
Victoria Caldwell
Webinar: Key themes for workplaces as 2021 comes to an end Employment
8 November, 2021

Webinar: Key themes for workplaces as 2021 comes to an end

In this recent webinar, Erin Lynch, Employment Partner, discussed the key themes for workplaces as we return back to "normal" and 2021 comes to an end. Erin addressed the following topics: vaccinations; returning to the "workplace"; key workplace decisions; changes to sexual harassment laws; casual conversion terms in modern awards;…
Victoria Caldwell
National Security Actions: the new foreign investment review framework DevelopmentProperty & Projects
29 October, 2021

National Security Actions: the new foreign investment review framework

Earlier in January 2021, the Foreign Investment Review Board (FIRB) introduced a new national security test. Many investments and acquisitions which were previously not ‘notifiable actions’ or ‘significant actions’ under the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) are now subject to compulsory or voluntary notifications. Under the new…
Victoria Caldwell
Privity of Contract: The role of statutory warranties for third parties to construction agreements CommercialConstructionProperty & Projects
26 October, 2021

Privity of Contract: The role of statutory warranties for third parties to construction agreements

Increasingly, we are reviewing contracts whereby developers seek to provide benefits to third parties by increasing who the contractor owes its obligations to under a contract. For example, a developer may amend all the indemnities in a contract to benefit “Indemnified Parties”. These “Indemnified Parties” are ordinarily third parties which…
Victoria Caldwell
Webinar: Dealing with absent employees in the workplace Employment
20 October, 2021

Webinar: Dealing with absent employees in the workplace

In this recent webinar, Erin Lynch, Employment Partner, discussed how to manage absent employees, best practice in dealing with unfit employees and potential legal risks. Erin addressed the following topics: Absent employees; Employees unfit for work; Making reasonable accommodations and adjustments; Independent medical examination; Termination of employment; Legal risks; and…
Victoria Caldwell
Stamp Duty – a summary on the existing framework and proposed future changes Property & Projects
11 October, 2021

Stamp Duty – a summary on the existing framework and proposed future changes

In this article, we will: provide a quick refresher on how and when transfer duty and call option assignment duty is assessed under the Duties Act 1997 (NSW) (Duties Act); and provide an update on the proposed changes on transfer duty after announcement of the 2021-2022 State Budget. PART 1…
Victoria Caldwell