Articles matching Building & Construction law

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What should be in the contract for a sale of residential land?

Filed under: Conveyancing, Building & Construction law, Buying a Home, Selling a Home, Property, Real Estate and Development

Purchasing property is an immense financial undertaking and it is essential that the contract for the sale of land meets all of the legal requirements...

Easements in Australia: How are they created? And other questions about easements

Filed under: Conveyancing, Building & Construction law, Building a Home, Property, Real Estate and Development

What is an easement? How are they created? And what's the difference between positive and negative easements? All about easement law in Australia

Early Christmas present for subcontractors: How will the upcoming changes to the adjudication process in WA benefit you?

Filed under: Building & Construction law, Contract Disputes

It is that time of year again when subcontractors, contractors and principals should be aware of the time frames for a payment dispute under the Construction...

A Victorian Court Of Appeal Reminder On The Risks Of Undertakings As To Damages

Filed under: Building & Construction law, Building Dispute Resolutions

In Love v Thwaites & Anor [2014] VSCA 56 the Victorian Court of Appeal (Warren CJ, Tate and Beach JJA) has issued a “salutary lesson to practitioners and...

Does your Enterprise Agreement comply with the Building Code 2013?

Filed under: Building & Construction law

Building industry participants with enterprise agreements made or varied since 18 May 2016 must now comply with the Building Code 2013 and be certified...

Contract trumps adjudication determination: Security under contract may still be cashed

Filed under: Building & Construction law

The recent decision of the Supreme Court of Western Australia in Duro Felguera Australia Pty Ltd v Samsung C&T Corporation comes as a reminder that a contractor...

The importance of properly describing a development proposal

Filed under: Building & Construction law

In the recent case of CQ Group Australia Pty Ltd v Isaac Regional Council, the Planning and Environment Court made a unique decision to strike out the...

Subcontractor’s charges under the Subcontractor’s Charges Act 1974

Filed under: Building & Construction law, Property

In the building industry there are two pieces of legislation that allow for subcontractors to make claims for monies owed for works completed.

Builder not liable to subsequent purchaser for “latent defects”

Filed under: Building & Construction law

The High Court has overturned the decision of the NSW Court of Appeal, which held that the builder of strata-titled serviced apartments owed a duty of...

Do I need a building licence for repair work?

Filed under: Building & Construction law

While considering a regime that has now been repealed, the Court’s statutory construction of the words “repair” is relevant to building approvals required...

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