MARCH UPDATE
Dealing with the ATO
In 1939, Winston Churchill famously described Russia as “a riddle, wrapped in a mystery, inside an enigma”.
These words can be equally applied to the Australian Tax Office.
Emerging from its COVID era forbearances the ATO has announced that it is to be more focused on recoveries and holding errant taxpayers to account.
Whilst this new policy has undeniably led to an increase in the reported number of Director Penalty Notices (DPN’s) issued and the ATO taking a more active role in Courts, results have been inconsistent.
CONSTRUCTION
Unlicensed and Uninsured? No Right to be Paid Under SOPA
Claire Rewais and Osama Rewais t/as McVitty Grove v BPB Earthmoving Pty Ltd [2024] NSWSC 1271 (McVitty v BPB)
Previously, contractors were entitled to progress payments under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) even if they did not comply with trade licensing and insurance requirements under the Home Building Act 1999 (NSW) (HBA).
This issue was considered in McVitty v BPB, which concerned a dispute adjudicated in early July 2024. On 20 August 2024, amendments were made to the SOP Act which reversed the position adopted by the Court and modified a contractor’s entitlement to progress payments.
COMMERCIAL & INSOLVENCY
Execution of deeds across different jurisdictions in Australia
A deed is a common written document used between parties, typically without the need for consideration, to create a binding commitment or promise to perform specified obligations.
Signing a deed can be tricky, as the requirements are more strict than other documents, and the rules are different across jurisdictions in Australia. Executing a deed that spans multiple jurisdictions can present several practice challenges. Failing to use the correct wording may result in the document not being legally recognised as a deed.
The following provides general guidance on how to execute deeds across Australia.
PROPERTY & PROJECTS
Zombie development consents – can they be revived from the ‘dead’?
The answer is yes but it depends on circumstances – see our case summary on 2 Phillip Rise Pty Ltd v Kempsey Shire Council [2023] NSWLEC 28 (Case) below for more details.
What is a zombie development consent?
A zombie consent is not a legal term. It is generally used to describe a consent granted many years ago for a legacy or historical development, not acted upon to the stage of physical construction.
MEET THE PARTNER
Simon Mok is our most recent partner at Vincent Young.
With dual qualifications in both law and civil engineering, Simon has a thorough understanding and passion for construction which helps inform his legal practice. Simon is admitted in both Victoria and Hong Kong giving him global insight into the law and its application.
Here we sit down with Simon to find out more about his background.
ADMISSION ACHIEVED
Congratulations to Sarah Kanjanakorn for her admission to the Supreme Court of NSW.
With your incredible work ethic and dedication we know you will achieve great things.