Warlows Legal Wishes You A Meaningful Rosh Hashana
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Modernising Construction Law: Essential Security of Payment Changes Ahead
What Did the Government Propose? In November 2023, the Victorian Government released a report titled ‘Employers and Contractors who refuse to pay their subcontractors for completed works,’ aiming to reform Victoria’s construction sector. This report proposes changes to the Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) to streamline
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What Can My Charity Do To Get Funding?
‘I want to pursue my charity’s mission, but I don’t have the means to do so. Where can I find funding?’ Once registered with the ACNC and the ATO, a charity is poised to pursue its mission and fulfill its purpose. However, many charities find themselves at a standstill due to one crucial
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Defining Charitable Trusts: Grain Technology Ltd v Rosewood Research Pty Ltd
Grain Technology Australia Ltd v Rosewood Research Pty Ltd (No 3) [2023] NSWSC 238 is a case that revolves around the management and purpose of assets held by certain companies, specifically whether these assets were held on trust for charitable purposes. Background The case arose due to disputes concerning the affairs of
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Deris v Hunter: Contractual Breach and Duty of Care
Background: In the case of Deris v Hunter (Building and Property) [2023] VCAT 1424 (Deris), the dispute arose from the partial renovation of Ms. Deris’s old, single-fronted, unattached weatherboard house in Brunswick, conducted by Mr. Hunter, a registered builder, between March 2021 and September 2021. The contractual relationship between Ms. Deris and Mr. Hunter
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Are International Charities Bound by Any Guidelines?
‘My charity holds educational programs for children in places like Ethiopia and Rwanda. Am I required to report on these programs, since they are occurring outside of Australia, and therefore outside of Australia’s legal jurisdiction?’ One might think that the overseas operations or finances of a charity are not monitored closely under Australian law.
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Home is Where the Heart Is: Student Accommodation under the DBCA
Key Finding In Centurion Australia Investments Pty Ltd v APM Group (Aust) Pty Ltd [2023] VSCA 324, the Victorian Court of Appeal found that student accommodation construction works are not subject to operate under the Domestic Building Contracts Act 1995 (Vic) (‘DBCA’). Facts Centurion Australia Investments Pty Ltd had reached an agreement
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A New Era for the Administrative Appeals Tribunal: What’s Changing?
Overview of the AAT The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of administrative decisions under Commonwealth laws, including those made by Australian Government ministers, departments, agencies, and in some cases, state and non-government bodies. We can only review decisions if specified by law, covering more than 400 Commonwealth Acts and legislative instruments.
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Unik Constructions v Edirisinghe: Defective Works and Deeds
Unik Constructions Pty Ltd v Edirisinghe (Building and Property) [2024] VCAT 49 (17 January 2024) Background facts In Unik constructions, the respondents were owners of a property they planned to demolish and rebuild into two townhouses, and the applicant was the builder of the property. Due to conflict throughout construction regarding the
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Peak Indebtedness Rule Abolished By High Court
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 The case of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (‘Bryant’), which was an appeal from a decision of the Full Court of the Federal Court of Australia, concerned the operation of unfair preference claims and voidable transactions between debtors
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