Commercial Litigation & Dispute Resolution

Steedman V Greater Western Water Corp

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 […]

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Global Citizen

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

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Vaughan Constructions

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

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Outside VCAT’s jurisdiction

Recent decisions have raised concerns about VCAT and its viability as an effective forum for domestic building dispute resolution. get in touch Warlows is part of the 1% PLEDGEWarlows are now members of HOPE NOW’s mission VCAT was established to provide fair, efficient and affordable justice to the Victorian community. Recent decisions such as Thurin

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Builder Looking Up

Do you Have to Make Progress Payments to Your Builder? A Recent Supreme Court Clarification. 

Victorian law requires progress payments to builders on commercial projects. Recent case clarifies exemptions for mixed-use developments with domestic building work. get in touch Warlows is part of the 1% PLEDGEWarlows are now members of HOPE NOW’s mission In the context of large, commercial developments, Victorian law has implemented protections for builders wherein the owner

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Used And Occupied

‘Used and Occupied’: How the University of Melbourne Changed Tax Law for Charities

get in touch Warlows is part of the 1% PLEDGEWarlows are now members of HOPE NOW’s mission 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

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The Curtailing Of Vcat’s Powers And The Victorian Consumer

The Curtailing of VCAT’s Powers and the Victorian Consumer

get in touch Warlows is part of the 1% PLEDGEWarlows are now members of HOPE NOW’s mission ‘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

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Lehtimaki Article

Lehtimaki Article

On 29 July 2020, the Supreme Court of the United Kingdom handed down its Judgment in Lehtimäki and others v Cooper [2020] UKSC 33, which confirmed that members of Charitable Companies in the United Kingdom are fiduciaries and must therefore make decisions and act in the companies’ best interests (that is, to serve the purposes

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