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Limitation periods for building actions
As with other civil claims, causes of action in relation to building work are subject to limitation periods which limit the time in which these claims may be commenced. Limitation ...
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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 ...
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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 ...
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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. ...
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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 ...
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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 ...
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