The Hidden Promises in Your Building Contract
When you sign a domestic building contract, you might assume that everything you’re agreeing to is written on the page. But what if we told you that, under Victorian law, you’re also agreeing to a series of promises outlined in legislation? These promises are known as implied warranties – non-negotiable obligations that apply by law […]
Steedman v Greater Western Water Corporation: does the Limitations Act 1958 (Vic) apply?
Case citation: Steedman v Greater Western Water Corporation [2023] VCAT 128 Case Note Facts Moira Steedman, the applicant, claimed damages against Greater Western for loss and damage under section 157 of the Water Act 1989 (Vic) (Water Act) because of a flow of water from the sewerage framework of the Greater Western Water Corporation that occurred in […]
Global Citizen Ltd v Commissioner of the ACNC: How are charities interpreted to be PBI’s?
Case citation: Global Citizen Ltd and Commissioner of the Australian Charities and Not-for-profits Commission [2021] AATA 3313 Recent cases concerning the type of charities considered to be PBIs (Public Benevolent Institutions) have shown that the term ‘benevolent’ is slowly being interpreted to have wider scope. Background to Case Global Citizen Ltd v Commissioner of the […]
Vaughan Constructions Pty Ltd v Melbourne Water Corporation: Is VCAT a court under the Wrongs Act 1958 (Vic) Part IV?
Case citation: Vaughan Constructions Pty Ltd v Melbourne Water Corporation [2022] VCAT 633 Case Note Facts On 19 October 2018, Biodiversity entered into a contract with Vaughan for the construction of a building on land in Epping owned by KV Cooper Pty Ltd and Drakon Investments Pty Ltd. On the same day, Biodiversity entered into […]
Outside VCAT’s Jurisdiction
VCAT was established to provide fair, efficient and affordable justice to the Victorian community. Recent decisions such as Thurin v Krongold Constructions 120221 VSCA 226 Thurin) and Vaughan Constructions Pty Ltd v Melbourne Water Corporation (Building and Property) 120231 VCAT 233 (Vaughan) have raised concerns about VCAT’s future viability as an effective forum for dispute […]
Do You Have to Make Progress Payments to Your Builder? A Recent Supreme Court Clarification
In the context of large, commercial developments, Victorian law has implemented protections for builders wherein the owner of the site is required to make ‘progress payments’: to pay the builder progressively for their work. Since its passing in 2002, the Building and Construction Industry Security of Payment Act 2002, has awarded the right to builders to make […]
‘Used and Occupied’: How the University of Melbourne Changed Tax Law for Charities
Key Points: Charities are generally exempt from land tax in Victoria, when they are in active ‘use’ of the land for their charitable purposes. A recent Supreme Court decision involving the University of Melbourne (which is a registered charity) found that the word ‘use’ extends to merely renting out land. The Parliament of Victoria reacted […]
The Curtailing of VCAT’s Powers and the Victorian Consumer
‘Fair, efficient and affordable justice for the Victorian community’. The Victorian Civil and Administrative Tribunal has been a staple of Victoria’s legal system for over two decades, providing applicants with expedient access to justice without the need for legal representation. Further, VCAT cuts costs and wait times with its heavy emphasis on settlement and dispute […]
What To Do When a Shell Company Sues You
In the recent case of Aquatic Air Pty Ltd v Siewert [2016] NSWCA 130 the court considered several reasons as to whether security for costs should be granted in a situation where a plaintiff may not have the funds to pay costs to the defendant. A common tactic by shell companies is to launch litigation […]
Climate Litigation in Australia
It has been a rough year. Humanity continues to accelerate complete collapse of our eco system and we are edging closer to the point of no return. Most recently, coal and manufacturing industry leaders agreed to “phase down coal,” instead of to “phase out coal,” in a paltry attempt to address climate change by reducing […]