bluesix, Author at Vincent Young

Law

1 May, 2017

Is the Option Fee Treated as Consideration When Calculating GST Under the Margin Scheme?

In The Trustee for the Whitby Trust v Commissioner of taxation AATA 343 (20 March 2017), the AAT has held that an option fee paid by a developer do not form part of the consideration for acquiring the property for the purposes of calculating GST under the margin scheme…

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Building Construction

28 April, 2017

Building Approval Statistics: what they are and what they mean to you

These statistics on Building from the Australian Bureau of Statistics (ABS) published in February 2017 show some very interesting trends. The salient figures worth noting is that, at the time of publication, there has been a slightly downwards trend for all building by 0.1% for the last 7 months but…

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Commercial

5 April, 2017

You, Me and the Garnishee

The first question clients ask when obtaining a favourable judgment is “how will we enforce this judgment against the debtor?”. The quickest and most effective way to enforce a judgment debt is to obtain a garnishee order from the Court. This article sets out the key elements of garnishee orders…

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Insolvency

13 March, 2017

Creditors to be vigilant when using the statutory demand procedure to enforce an Adjudication Certificate

IntroductionDuring the process of obtaining payment under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), a Contractor (or Subcontractor) may, after obtaining an adjudication certificate and filing the certificate in the court of competent jurisdiction, serve a statutory demand on the Principal (or Contractor) demanding…

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Law

6 March, 2017

Adjudication determinations are not reviewable for non-jurisdictional errors of law

In our June 2016 issue of Construction, Property & Projects Insights (Issue 4), we discussed the first instance decision of Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd NSWSC 770, in which the Supreme Court of NSW held that adjudication determinations were subject to judicial review for non-jurisdictional…

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Property

20 February, 2017

Buyer’s Beware: Is the selling agent an agent for all purposes? – Tan v Russell [2016] VSC 93

Legal IssueA recent decision in the Victorian Supreme Court examined whether the Plaintiffs, Tan and Lo, validly exercised their cooling off rights to terminate a contract for sale in circumstances where the notice was served on the vendor’s selling agent.Practical Effect of DecisionThe case illustrates the importance of knowing, prior…

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Law

9 February, 2017

High Court rules that a payment claim is invalid without a valid reference date

IntroductionIn our November 2016 Construction, Property & Projects Insights (Issue 5), we noted that the High Court was soon to release judgment in Southern Han Breakfast Point Pty Ltd (In Liquidation) v Lewence Construction Pty Ltd HCA 52 (Southern Han Decision), which would be the first time the High Court…

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Development Property

21 December, 2016

Developers to be allowed to resell off-the-plan dwellings after failed sales

The Federal Government has announced its intention to pass legislation under the foreign investment framework to allow foreign buyers to purchase an off-the-plan dwelling when another foreign buyer has failed to reach settlement and the contract has been rescinded or terminated.The main legislative issue for developers is what currently constitutes…

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Construction

14 December, 2016

Building Energy Efficiency Certificates (BEEC) – changes from 2017

The position regarding Building Energy Efficiency Certificates (BEEC) in Australia is in a transition phase as a result of changes to the Commercial Building Disclosure Program (CBDP), which exists under the Building Energy Efficiency Disclosure Act 2010. Currently, lessors are required to provide energy efficient information when they lease or…

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Construction Projects Property

1 December, 2016

Construction, Property & Projects Insights Issue 5 – November 2016

In this issue, we look at the following key developments in construction, property & projects law:Security of Payments Goes to the High CourtUnfair Contract Terms in the Construction Industry – You Need to Take ActionNew Strata Laws and Building Bond Regime Set to CommenceLoose Lips Sink Ships – Representations During…

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bluesix

Is the Option Fee Treated as Consideration When Calculating GST Under the Margin Scheme?

Building Approval Statistics: what they are and what they mean to you

You, Me and the Garnishee

Creditors to be vigilant when using the statutory demand procedure to enforce an Adjudication Certificate

Adjudication determinations are not reviewable for non-jurisdictional errors of law

Buyer’s Beware: Is the selling agent an agent for all purposes? – Tan v Russell [2016] VSC 93

High Court rules that a payment claim is invalid without a valid reference date

Developers to be allowed to resell off-the-plan dwellings after failed sales

Building Energy Efficiency Certificates (BEEC) – changes from 2017

Construction, Property & Projects Insights Issue 5 – November 2016

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