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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.

Contact us if you would like us to present to your organisation on any of the matters in our papers.

Latest articles

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…
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…
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…
The Melbourne Earthquake: How it should have been dealt with in an Australian Standard construction contract Construction
5 October, 2021

The Melbourne Earthquake: How it should have been dealt with in an Australian Standard construction contract

On 22 September 2021, a magnitude 5.9 earthquake struck Victoria. Undoubtedly, this led many construction managers in Melbourne to review their contracts to assess who bears the risk for any damage caused. Ordinarily, Contractors carry the risk for all loss or damage which occurs during the works whilst they are…
Promissory estoppel Commercial
1 October, 2021

Promissory estoppel

Commercial parties tend to operate in fluid and fast paced environments. Frequently formal contracts are entered into or amended late or possibly not at all. Time constrains, cost constraints or simply oversight are often to blame. Failing to record deals in contracts puts commercial parties at risk. One party may…
Webinar: A Roadmap for Respect – The Key Legislative Change and the Respect@Work Report Employment
23 September, 2021

Webinar: A Roadmap for Respect – The Key Legislative Change and the Respect@Work Report

Erin Lynch, Employment Partner at Vincent Young Lawyers recently presented a webinar on Sexual Harassment in the Workplace. Erin, covered the following topics: The definition of sexual harassment. Statistics. Key recommendations for employers. Legislative changes including the Fair Work Act and Sex Discrimination Act. The impact for employers and the…
What’s your age again? The AHRC has released a report on ageism in Australia Employment
23 September, 2021

What’s your age again? The AHRC has released a report on ageism in Australia

Discrimination takes many forms. When we think about “age discrimination”, discrimination against "older" workers is generally the first thing that comes to our mind. However, the reality is that young people are also subject to this type of discrimination. In the workplace, older and younger workers experience ageism and discrimination…
Residential builders and their claims under the Security of Payment Act ConstructionSecurity of Payments
22 September, 2021

Residential builders and their claims under the Security of Payment Act

Effective from 1 March 2021, the operation of the Building and Construction Industry Security of Payment Act 1999 (NSW) has been expanded due to an amendment made to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (collectively, ‘Security of Payment Laws’). The Security of Payment Laws now…
Webinar: Workplace Engagement – Employee, Contractor or Something Else Employment
31 August, 2021

Webinar: Workplace Engagement – Employee, Contractor or Something Else

Erin Lynch, Employment Partner at Vincent Young Lawyers recently presented a webinar on Employees and Independent Contractors. Erin, covered the following topics: What’s the difference between an employee and contractor? The impact on modern workplace relationships What happens if you get it wrong Practical tips for navigating these issues Download…
Webinar: Performance Management – What you need to know Employment
19 August, 2021

Webinar: Performance Management – What you need to know

Join Erin Lynch as she discusses how to manage employees' performance and, if appropriate, termination of employment. Erin will be addressing the following topics: performance management vs performance reviews; performance management and bullying; performance management in a remote context; the responsibilities of managers; termination of employment; legal risks; and practical…
Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act) Construction
29 July, 2021

Liabilities for body corporates and nominated building practitioners under the Design and Building Practitioners Act 2020 (NSW) (Act)

On 1 July 2021, the following sections of the Act commenced operation: Part 2; Division 1 of Part 3; Parts 5 to 9; and Clauses 2 to 4 of Schedule 1. The commencement of these sections introduces the Act in its full operation, except for the requirements as to specialist…
The Personal Property Securities Act 2009 (Cth) and retention of title CommercialProperty & Projects
28 July, 2021

The Personal Property Securities Act 2009 (Cth) and retention of title

If you supply goods under retention of title arrangements, you need to know about the Personal Property Securities Act 2009 (Cth) (PPSA). Registering your interest in goods supplied under retention of title arrangements on the Personal Property Securities Register (PPSR) is essential to protect suppliers in the event of purchaser…
Interior Designers and the Application of the Design and Building Practitioners Act Construction
26 July, 2021

Interior Designers and the Application of the Design and Building Practitioners Act

  Interior Designers and Registration “Interior Architects” who make designs concerning Building Work would need to be registered as an Architect or Building Designer (Low/Mid-rise) to make compliance declarations. Building Work refers to: the construction; alteration or addition; repair or renovation; or protective treatment, of a Class 2 Building Element.…
New levy, penalties and prohibitions to the RAB Act and the DBP Act. ConstructionDevelopment
22 July, 2021

New levy, penalties and prohibitions to the RAB Act and the DBP Act.

On 8 June 2021, the NSW Parliament passed the Building Legislation Amendment Act 2021 (Amending Act) which made several key amendments to the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act), and the Design and Building Practitioners Act 2020 (NSW) (DBP Act). The Amending Act focuses on enhancing the…
It’s all in the timing (or is it?) – maximum terms contracts and termination of employment Employment
19 July, 2021

It’s all in the timing (or is it?) – maximum terms contracts and termination of employment

In a case involving Mondelez (Company), the Fair Work Commission (FWC) has found that an employee who was engaged in eight maximum term contracts over two and half years, was not dismissed by the Company, but rather the employment relationship came to an end as a result of the effluxion…
CPB held to its DEAL Construction
14 July, 2021

CPB held to its DEAL

A recent decision of the New South Wales Supreme Court in CPB Contractors Pty Ltd v DEAL S.R.L. NSWSC 820 confirmed the pro-arbitration approach of the Supreme Court and examined interesting issues concerning: the breadth of the kompetenz-kompetenz principle, and whether the Court or an arbitrator should determine if a…