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 […]
Background to Inquiry and Submission A submission to an inquiry headed by the Legislative Assembly Environment and Planning Committee, Victoria, has been made by Harriet Warlow-Shill, founder and principal of Warlows Legal. This inquiry relates to employers and contractors who refuse to pay their subcontractors for completed works. The Committee will examine the mechanisms currently
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Reforming VCAT: Addressing Delays in Building Dispute Resolutions Did you know that the median time to resolve a building dispute in Victoria now stands at an alarming three years? This is one of the many challenges currently facing the Victorian Civil and Administrative Tribunal (VCAT), Victoria’s principal forum for resolving domestic construction disputes. The complexity
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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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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
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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Warlows is part of the 1% PLEDGEWarlows are now members of HOPE NOW’s mission One of the most common causes for disputes regarding construction contracts is whether the owner can terminate the contract for defective building work or must provide the builder with the opportunity to rectify any such defects. The first step is to
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Warlows is part of the 1% PLEDGEWarlows are now members of HOPE NOW’s mission The Building Amendment Act 2021 (the Act) came into force last year October. Its main purpose is to amend the Building Act 1993 in order to facilitate a new registration and licensing scheme for tradespeople and to clarify who must pay
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The High Court in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has finally laid to rest a longstanding dispute over the finality of an adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act). The SOP Act, which has parallel legislation in all
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In Impresa Construction v Oxford Building [2021] VCC 1146, Judge Burchell of the Victorian County Court considered whether there was a “Domestic Building Dispute” where a stay must be made under section 57 of the Domestic Building Contracts Act 1995 (Vic) (‘the Act’) and proceedings referred to the Victorian Civil and Administrative Tribunal (VCAT). Judge Burchell held to not
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