Law Archives - Vincent Young

Law

28 March, 2024

Enforceability Of HBA Contracts

Dyjecinska v Step-Up Renovations (NSW) Pty Ltd NSWSC 159 (Dyjecinska case) The Home Building Act 1989 (NSW) (HBA) provides that a residential building contract (contract) must meet certain requirements, such as the contract must be signed, made in writing and contain sufficient description of the works. If the contract does…

Victoria Caldwell

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 Law Projects Property

12 April, 2023

Application of Limitation Periods to the Statutory Duty of Care under the Design and Building Practitioners Act

The introduction of the Design and Building Practitioners Act (DBPA) represents a tremendous reform for the construction industry. The duty of care imposed by section 37 has the potential to impact both businesses and individuals significantly. Industry stakeholders should be aware of the limitation periods applying to this duty. Relevant…

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Commercial Construction Contracts Law

17 February, 2023

Unfair Contract Terms Will Affect Building Contracts

Back in November 2022, the Commonwealth Government passed the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) to broaden the scope of existing unfair contract terms (UCT) regime. The new UCT regime expands coverage to small businesses from having fewer than 20 employees to up to 100…

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Building Construction Development Law

9 January, 2023

New Licensing Regime for NSW and the Commercial Construction Sector

If you are carrying out commercial construction work or considering moving into the commercial construction sector on the basis of its (currently) relaxed licensing requirements, we recommend that you read this article. NSW is the only jurisdiction in Australia that does not require a building licence to carry out…

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Building Construction Law

26 December, 2022

Comparison of Home Warranty Insurance Schemes

What is Homeowners’ Warranty Insurance? Homeowners warranty insurance (HWI) is a type of mandatory insurance designed to protect homeowners in the event that certain residential building works are defective or incomplete. HWI is known by many different names throughout Australia. National Approach Currently there is no uniform national approach to…

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Adjudication Building Construction Contracts Law Security of Payments

14 December, 2022

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5

What exactly is a ‘pay when paid’ provision? A ‘pay when paid’ provision is one where the release of retention under a subcontract is dependent on the operation of a clause of the head contract. Under s 12 of the Building and Construction Industry Security of Payment Act 1999…

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Commercial Insolvency Law Tax

2 December, 2022

Director Penalty Regime

Any moratoria in place since COVID-19 is now at an end. The Australian Tax Office (ATO) has reverted back to recovering outstanding tax liabilities. If you are a director of a company, it is important that you are aware that the ATO can, in particular circumstances, recover unpaid company tax…

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Construction Law

28 November, 2022

Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line?

Where defective construction work requires rectification and the rectification work is carried out by the Principal, the Principal is entitled to recover the cost of those rectification works in the form of damages. This article considers the extent of the damages recoverable by a Principal. How does a Principal recover…

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