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Off the plan misrepresentation – Case note on Ripani v Century Legend Pty Ltd [2022] FCA 242 Property & Projects
28 July, 2022

Off the plan misrepresentation – Case note on Ripani v Century Legend Pty Ltd [2022] FCA 242

THE KEY TAKEAWAYS The words “artist’s impression” do not detract from the materiality of an image and the representations it conveys. Boilerplate disclaimer clauses in marketing material and exclusion clauses in contracts are insufficient to exclude the statutory remedies under the Australian Consumer Law comprised in Schedule 2 of the…
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Defective Carpets and Floating Floorboards – Common Property or Lot Property? Property & Projects
22 July, 2022

Defective Carpets and Floating Floorboards – Common Property or Lot Property?

One unsettled area of law that could have potentially far-reaching implications is the distinction between common property and lot property in a Strata Plan. This is particularly relevant where Owners Corporations are suing builders for defects to floors and ceilings. Determining whether a particular building element is common or lot…
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Execution by Strata Bodies Property & Projects
10 June, 2022

Execution by Strata Bodies

Different strata bodies are formed in different ways under the NSW strata law and have different powers and functions under the relevant instruments. This article aims to set out the various considerations in relation to execution by strata bodies and also highlights the best practice in achieving validly executed documents…
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Charging clauses in residential home building contracts ConstructionProperty & Projects
11 November, 2021

Charging clauses in residential home building contracts

This article considers whether a licensed contractor can insert a charging clause in a residential home building contract. This question is important because it determines whether a licensed contractor can secure their entitlement to receive payment from a residential homeowner.  A secured entitlement helps mitigate the risk of non-payment. Charging…
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National Security Actions: the new foreign investment review framework DevelopmentProperty & Projects
29 October, 2021

National Security Actions: the new foreign investment review framework

Earlier in January 2021, the Foreign Investment Review Board (FIRB) introduced a new national security test. Many investments and acquisitions which were previously not ‘notifiable actions’ or ‘significant actions’ under the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) are now subject to compulsory or voluntary notifications. Under the new…
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Privity of Contract: The role of statutory warranties for third parties to construction agreements CommercialConstructionProperty & Projects
26 October, 2021

Privity of Contract: The role of statutory warranties for third parties to construction agreements

Increasingly, we are reviewing contracts whereby developers seek to provide benefits to third parties by increasing who the contractor owes its obligations to under a contract. For example, a developer may amend all the indemnities in a contract to benefit “Indemnified Parties”. These “Indemnified Parties” are ordinarily third parties which…
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