Vincent Young, Author at Vincent Young

Commercial Insolvency

13 October, 2023

Can statutory demands and set aside applications be served by email?

Bioaction Pty Ltd v Ogborne, in the matter of Bioaction Pty Ltd FCA 436 Statutory demands and applications to set aside a statutory demand may be served by email, however this manner of service is fraught with danger. The requirements for effective service are more complicated and the onus for…

Vincent Young

Property

9 October, 2023

Forfeiture of lease and relief for sublessees

A summary of Synergy Scaffolding Holdings Pty Ltd v Goodman Funds Management Australia Limited as trustee for GAI1 RPF Subtrust of the Hayesbery NSWSC 538 In this Supreme Court of New South Wales decision, the Summons filed by the Plaintiffs, the sublessees, in respect of relief sought against forfeiture of…

Vincent Young

Projects Property Stamp duty Tax

6 October, 2023

Increase in Property Related Duties – A further revenue hit

The release of the 2023-24 budget by NSW Treasurer Daniel Mookhey on September 19, 2023, marked a significant turning point in the fiscal landscape of the state projected to yield a substantial increase in revenue, estimated at nearly $1 billion over the next four years. In this article we focus…

Vincent Young

Property

22 September, 2023

Overview On Incentive Clawbacks

The effectiveness of incentive clawback provisions, whilst common in commercial leasing transactions, continues to be uncertain. Perhaps it is time to consider alternatives. See details below. Some recent cases In brief summary: Courts are open to interpreting an incentive clawback clause as potentially not being a penalty where it gives…

Vincent Young

Insolvency Litigation

22 September, 2023

Recovery of judgment debts – Garnishee and Writs

If you have obtained a judgment in your favour and the judgment debtor has failed to pay the judgment amount to you, what are your options? This article looks at two ways you can enforcement a judgment: a garnishee order and a writ. Garnishee order A garnishee order imposes an…

Vincent Young

Building Construction Property

14 September, 2023

Landmark Legislation Passed: Housing Australia Future Fund (HAFF) to Transform Affordable Housing Landscape

In a significant development for the property development sector, the Federal Parliament has today successfully passed the bill establishing the $10 billion Housing Australia Future Fund (HAFF), marking a significant milestone in addressing the nation's housing crisis. This ground-breaking initiative is poised to unlock unprecedented opportunities for property developers and…

Vincent Young

Development Property

28 August, 2023

What is subdivision of land?

Subdivision of land is defined under the Environmental Planning and Assessment Act 1979 (NSW) as the division of land into two or more parts that, after the division, would be obviously adapted for separate occupation, use or disposition. The division may (but need not) be effected: (a) by conveyance, transfer…

Vincent Young

Building Construction Development Projects Property

23 August, 2023

NSW Government Announces Dramatic Planning Re-structure

On Friday 18 August 2023, New South Wales Premier, Chris Minns, unveiled a drastic new portfolio re-structure aimed at tackling energy challenges, climate change, environmental preservation and housing concerns. From 1 January 2024, the Department of Planning and Environment will undergo a strategic division into two new specialised Departments: the…

Vincent Young

Commercial Insolvency

15 August, 2023

Unfair Preference Claims – High Court confirms Peak Indebtedness Rule no longer applies

As more companies circle the drain in an increasingly uncertain economic environment, it is timely to review recent developments in unfair preference claims brought by liquidators against creditors. In the recent decision of Bryant & Ors v Badenoch Integrated Logging Pty Ltd HCA 2 (Gunns), the High Court confirmed the…

Vincent Young

Building Construction Defects

7 August, 2023

The Onus And Evidentiary Threshold For Combustible Cladding Clarified

Owners SP 92450 v JKN Para 1 Pty Ltd NSWCA 114 The Court of Appeal (CA) recently clarified the onus and evidentiary threshold for proving combustible cladding claims, making it easier for claimants to establish the liability of builders and developers. In short: a claimant no longer needs to show…

Vincent Young

Vincent Young

Can statutory demands and set aside applications be served by email?

Forfeiture of lease and relief for sublessees

Increase in Property Related Duties – A further revenue hit

Overview On Incentive Clawbacks

Recovery of judgment debts – Garnishee and Writs

Landmark Legislation Passed: Housing Australia Future Fund (HAFF) to Transform Affordable Housing Landscape

What is subdivision of land?

NSW Government Announces Dramatic Planning Re-structure

Unfair Preference Claims – High Court confirms Peak Indebtedness Rule no longer applies

The Onus And Evidentiary Threshold For Combustible Cladding Clarified

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