bluesix, Author at Vincent Young

Tax

9 June, 2023

GST on the supply of real property – A reminder

This is a reminder that goods and services tax (GST) does not only apply to the purchase price of real property but also settlement adjustments. Under s9.5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act), consideration includes: any payment, or any act or forbearance, in…

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Construction

2 June, 2023

Directors – Are You Liable Under Section 37 of the DBPA?

Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd trading as AK Properties Group NSWSC 343 (Oxford v KR Properties) Directors of contractors should be relieved to hear that in the recent case of Oxford v KR Properties, the Supreme Court rejected a claim against a contractor’s director for…

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Litigation Property

1 June, 2023

Clawback of incentives remains an issue

The clawback of incentives and their enforceability remains a live issue with the courts treating clawback clauses as a penalty in certain circumstances. This was recently reinforced in Alamdo Holdings Pty Ltd v Croc’s Franchising Pty Ltd (No 2) NSWSC 60 (Alamdo). In the context of commercial leasing, consideration should be given…

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Building Construction Development Projects

22 May, 2023

Contractors, Be Prepared – Key changes to building laws from 3 July 2024

Introduction From 3 July 2024, the Design and Building Practitioners Act 2020 (NSW) (DBPA) and Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RABA) will apply to the construction of new class 3 and 9c buildings. This article sets out the key changes of which contractors should be…

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Commercial Construction Contracts Defects Litigation

22 May, 2023

Standstill Agreements Pending Negotiations

Price v Spoor HCA 20 (Price v Spoor) Contractors with defects claims against subcontractors often commence litigation prematurely to preserve their claims from being time-barred. This occurs despite the costly nature of litigation and its potential to undermine settlement negotiations. The High Court case of Price v Spoor has confirmed…

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Building Construction Development Litigation

16 May, 2023

Superintendent: An Agent Or Independent Of The Principal?

Case Note on V601 v Probuild VSC 849 Background This case concerns a development of five separate buildings comprising commercial suites and residential apartments. V601 was the developer. V601 engaged Probuild to design and construct the project under an amended contract form of AS4902-2000 (Contract). Issues The issues concerned time-related…

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Law Property

28 April, 2023

To market, to market: Calculation of market value compensation in the compulsory land acquisition process in NSW

During the compulsory process of land acquisition, disputes can arise regarding whether the compensation offered is on just terms for the owners of land. The recent case of G&J Drivas Pty Ltd v Sydney Metro NSWLEC 20 provides further guidance on how the Court assesses compensation of land. Process Land…

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Commercial Law Litigation

27 April, 2023

Assessment of Damages: Maximise Recovery, Minimise Liability

Case note - Renown Corporation Pty Ltd v SEMF Pty Ltd NSWCA 233 If a product supplied or installed falls short of what was contractually promised, the aggrieved party is generally entitled to claim damages. The recent New South Wales Court of Appeal decision in Renown Corporation Pty Ltd v…

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Building Construction Defects Litigation

19 April, 2023

Proving Causation Against Third Party Professionals In The Building Industry

The case of Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd NSWCA 223 (Mistrina) considers the current state of the law with regard to proving causation where a party claims loss against a third party based on allegations of misleading and deceptive conduct. In the building and construction industry, the…

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Litigation

19 April, 2023

Security For Costs Applications In Federal Court Class Actions

Its Eco Pty Ltd v BPS Financial Limited FCA 842 Security for costs (SFC) orders cannot usually be made against individuals, unlike corporations, in class actions in the Federal Court of Australia (the general rule). However, builders and/or their insurers should be relieved as the Federal Court of Australia (FCA)…

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bluesix

GST on the supply of real property – A reminder

Directors – Are You Liable Under Section 37 of the DBPA?

Clawback of incentives remains an issue

Contractors, Be Prepared – Key changes to building laws from 3 July 2024

Standstill Agreements Pending Negotiations

Superintendent: An Agent Or Independent Of The Principal?

To market, to market: Calculation of market value compensation in the compulsory land acquisition process in NSW

Assessment of Damages: Maximise Recovery, Minimise Liability

Proving Causation Against Third Party Professionals In The Building Industry

Security For Costs Applications In Federal Court Class Actions

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