In the world of construction, getting paid on time isn’t always a given, especially for subcontractors. Small businesses often find themselves chasing payments or bearing the financial fallout from delays further up the contracting chain. It’s a long-standing problem, and in 2016, the Australian Government decided it was time to step in and seek […]
Murray Review and Recent Government Response Read More »
Are you a new homeowner in a residential complex over three storeys high? Do you worry that your builder may have cut corners – leaving you with defects, stress, and little recourse to make things right? This time, the government has your back. With new legislation, you’re no longer left powerless. No longer will
Victoria Strengthens Insurance Rights for High-Rise Apartment Owners Read More »
You’ve just moved into your dream home – a place you saved for, hoped for, and imagined for years. But within months, the dream begins to crack – literally. A leaky roof. Warped floorboards. A builder who won’t return your calls. And a system that tells you there’s little it can do unless your
Finally, Real Protection for Homeowners in Low-Rise Buildings Read More »
Case Summary: Imerva Corp Pty Ltd v Kuna [2017] VSCA 168 (Imerva) In building contracts, every signature matters – literally. In Imerva, a couple’s decision to initial rather than formally sign a crucial document clause unraveled a $2 million construction deal. The case is a sharp warning to builders and homeowners alike: skip a
The Signature That Changed Everything: Lessons from a $2M Building Dispute Read More »
In this analysis, we will take a closer look at Martinus Rail Pty Ltd v Qube RE Services (No 2) Pty Ltd (No 2) [2024] NSWSC 1223, a significant development to the Security of Payments regime. When a builder or contractor turns to adjudication to resolve a payment dispute, they expect a fair hearing
Martinus Rail v Qube: Right to a Fair Hearing Read More »
Snapshot Judgment debts and adjudication can be complex territory – especially when there’s a dispute over payment and defects. Consider this scenario: you withhold payment from a builder because you believe their work is defective. The builder takes the dispute to adjudication, and the adjudicator determines that you actually do owe the builder
Government Response to Security of Payment Inquiry Recommendations Have you been affected by unfair practices in the construction industry and believe that change is needed? The Victorian Government has announced strong support for a game-changing set of recommendations from the recent Legislative Assembly Environment and Planning Committee’s Inquiry, set to reshape
Exciting Changes Ahead for Payment Practices in Victorian Construction Industry Read More »
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
A New Era For the Victorian Building Authority Read More »
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
Examining Security of Payments in Nasseri V Wellington Read More »
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 »
Harriet Warlow Shill Member CLAANZ 2025
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