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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…
Victoria Caldwell
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…
Victoria Caldwell
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…
Victoria Caldwell
Stamp Duty – a summary on the existing framework and proposed future changes Property & Projects
11 October, 2021

Stamp Duty – a summary on the existing framework and proposed future changes

In this article, we will: provide a quick refresher on how and when transfer duty and call option assignment duty is assessed under the Duties Act 1997 (NSW) (Duties Act); and provide an update on the proposed changes on transfer duty after announcement of the 2021-2022 State Budget. PART 1…
Victoria Caldwell
The Personal Property Securities Act 2009 (Cth) and retention of title CommercialProperty & Projects
28 July, 2021

The Personal Property Securities Act 2009 (Cth) and retention of title

If you supply goods under retention of title arrangements, you need to know about the Personal Property Securities Act 2009 (Cth) (PPSA). Registering your interest in goods supplied under retention of title arrangements on the Personal Property Securities Register (PPSR) is essential to protect suppliers in the event of purchaser…
Victoria Caldwell
NSW reform | New obligations for design and building practitioners and professional engineers ConstructionProperty & Projects
2 June, 2021

NSW reform | New obligations for design and building practitioners and professional engineers

Recap The Design and Building Practitioners Act 2020 (‘DBP Act’) assented on 10 June 2020 created a statutory duty of care on residential builders to owners of land and each subsequent owner of the land (owners corporations and lot owners) over and above the statutory warranties provided under the Home…
Victoria Caldwell
Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW) ConstructionProperty & ProjectsSecurity of Payments
16 March, 2021

Major Amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW)

On 1 March 2021, Schedule 2 of the Building and Construction Industry Security of Payment Regulation 2020 (NSW) (Regulations) came into force. As a result, owner occupier construction contracts entered into on or after 1 March 2021 are no longer exempt from the application of the Building and Construction Industry…
Victoria Caldwell