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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…
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…
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…
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…