Author name: Clerk

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Construction 1

A New Era For the Victorian Building Authority

Victorian Government Overhauls Building Regulations to Protect Homebuyers and Builders   The Victorian government has unveiled substantial changes to its building regulation system, introducing a new oversight body, the Building & Plumbing Commission, which will replace the Victorian Building Authority (VBA). This change is aimed at providing stronger protections for homebuyers, builders, and renovators, streamlining […]

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Examining Security of Payments in Nasseri V Wellington

Case note: Nasseri v Wellington Builders Pty Ltd [2024] VSC 200 Featured in the Law Institute Jounal September Edition!   Background Facts   The plaintiff, Taraneh Nasseri, sought to redevelop her Kew East property into two townhouses for profit. To that end, she partnered with Ms Candice Hammer by way of a Memorandum of Understanding

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Housing

Can I Change the Purpose of my Charitable Trust? Housing Choices v Attorney General

  Sometimes, an entity can change the purpose of their charitable trust. Housing Choices Australia Limited v Attorney General for the State of Victoria [2024] VSC 107 (Housing Choices) was a case heard in the Victorian Supreme Court that focussed on this exact scenario.   Facts   Housing Choices Australia Ltd (HCAL) is the current

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Sopa

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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Trust

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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House

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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