Skip to main content
Category

Law

‘Pay When Paid’ Clauses Do Not Work – Maxcon Constructions Pty Ltd v Vadasz [2018] HCA 5 AdjudicationBuildingConstructionContractsLawSecurity 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…
bluesix
Unreasonable or Disproportionate Rectification Scope – Where do Courts Draw the Line? ConstructionLaw
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…
bluesix
Penalties in Loan Contracts CommercialLaw
17 November, 2022

Penalties in Loan Contracts

Introduction In the current inflationary market, lenders are changing the terms on which they are willing to lend money to both individuals and businesses.  For most borrowers, the key variable is interest rates. Can an interest rate under a loan ever be so high that a court will refuse to…
bluesix
How did the NSW and UK Governments react to combustible cladding following the Grenfell fire? LawProjectsProperty
14 October, 2022

How did the NSW and UK Governments react to combustible cladding following the Grenfell fire?

Combustible Cladding: London to Sydney The Lacrosse Apartment fire in Melbourne (2014) and the death of 72 people in the Grenfell Tower fire in London (2017) exposed the use of combustible cladding and the regulations in place. Five years after the Grenfell Tower fire, it is important to revisit the…
bluesix
Requirements for inter-state service of proceedings – they matter! Law
9 September, 2022

Requirements for inter-state service of proceedings – they matter!

Most lawyers know that there are special rules governing service of proceedings outside of Australia, but there are also statutory provisions governing inter-State service of proceedings. These rules stem from our constitution and federal system of government. It is important to follow the requirements of these statutory provisions closely to…
bluesix
A bumpy ride: Deliveroo rider found to be a contractor, not an employee EmploymentHRLaw
1 September, 2022

A bumpy ride: Deliveroo rider found to be a contractor, not an employee

The Fair Work Commission Full Bench (FWCFB) has quashed a finding that a rider of Deliveroo, Mr Franco, was an employee rather than an independent contractor. Therefore, Mr Franco is not protected from unfair dismissal. This decision comes after the High Court affirmed earlier this year in Personnel Contracting and…
bluesix
Buildability Clauses and The End Of Construct-Only Contracts ConstructionContractsLaw
23 August, 2022

Buildability Clauses and The End Of Construct-Only Contracts

A new trend has emerged in the drafting of construct-only construction contracts which places unexpected design risks on Contractors. Contractors should pay close attention to any clause containing the terms buildability or constructability, which may entail broad design obligations, even where the contract is otherwise a construct-only variety such as…
bluesix
Key HR changes from 1 July 2022 EmploymentHRLaw
8 August, 2022

Key HR changes from 1 July 2022

The Vincent Young Employment + Workplace Relations team has updated its Employment + Workplace Relations Guide to reflect the changes for the 2022-2023 financial year. Download your copy today.   National Minimum Wage Each financial year, the Fair Work Commission’s (FWC) Expert Panel for wage reviews undertakes its annual wage…
bluesix