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Building Law
Granny flats and the definition of a dependent persons unit. What is a moveable building?
The recent Victorian Civil and Administrative Tribunal (VCAT) decision of Mornington Peninsula SC v Premier Homes Pty Ltd (Red Dot) [2021] VCAT 94 provides valuable insight for the interpretation of ...
Lacrosse Cladding Appeal: key findings and implications
On 26 March 2021, the Victorian Court of Appeal handed down the much-anticipated judgment in the matter of Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 ...
Litigation or Adjudication: considerations when a payment claim includes excluded amounts
There are a number of considerations to take into account when choosing whether to enforce an amount due under a payment claim through the courts or through an adjudication application. ...
Can a payment claim include a claim for retentions due under the contract?
The judgment in Foursquare Construction Management Pty Ltd v Chevron Corporation Pty Ltd [2020] VCC 1928 is the most recent in a series of decisions in the last year which ...
Can a payment claim include a claim for liquidated damages?
The Victorian Supreme Court case of VCON v Oliver Hume & Anor [2020] VSC 767 has confirmed the position in Victoria in relation to a claim for liquidated damages under ...
Protection Works
If your neighbour is undertaking building works close to the boundary of your property, the Building Act 1993 (Vic)(Building Act) may require them to carry out ‘protection works’ to ensure ...
When does the clock start running? Service of payment claims via a cloud-based information system
In BCS Infrastructure Support Pty Ltd v Jones Lang Lasalle (NSW) Pty Ltd [2020] VSC 739, Stynes J considered the service of payment claims via a cloud network, and when ...
Security of payment claims and service by couriers
In Method Constructions Australia Pty Ltd v ABI Investment Holdings (Melbourne) Pty Ltd [2020] VCC 1797, Judicial Registrar Burchell considered whether a payment claim delivered by a courier was a ...
Grenfell Tower Inquiry – What you may not know
On 14 June 2017, a fire started on the fourth floor of the 24-storey Grenfell Tower block of flats in North Kensington, West London killing 72 people. The Grenfell Tower ...
Combustible Cladding – Progress notwithstanding a global pandemic
Combustible cladding has been at the forefront of the media and the building and legal industries since the Lacrosse tower fire in November 2014, Grenfell Tower inferno in June 2017 ...
Claimants serving early payment claims be aware!
On 24 September 2019, Justice Digby of the Supreme Court of Victoria handed down his decision in MKA Bowen Investments Pty Ltd v Carelli Constructions Pty Ltd [2019] VSC 436. ...