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 […]
Unik Constructions v Edirisinghe: Defective Works and Deeds Read More »
AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419 (6 May 2024) The recent VCAT ruling in AMO Rifat Holdings Pty Ltd v Dib highlights important issues in domestic building projects. It provides essential guidance for builders on topics like completing stages, fixing defects, managing progress payments, and handling contractual
AMO Rifat Holdings Pty Ltd v Dib: Collateral Contracts Read More »
The Building and Construction Industry Security of Payment Act (BACISOPA) was first introduced in New South Wales in March 1999 and has since been adopted by the other states and territories of Australia, most recently South Australia in December 2011. The purpose of this legislation is to ensure that progress payments (which are required to
Building and Construction Industry Security of Payment Act 2002 (VIC) Read More »
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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