Background In a landmark decision on 11 December 2024, the High Court of Australia, in a 4:3 split, dismissed the appeal in Pafburn Pty Ltd v The Owners – Strata Plan No 84674 [2024] HCA 49, affirming the NSW Court of Appeal’s ruling ([2023] NSWCA 301). This case grappled with

Persons who carry out construction work owe a duty of care to exercise reasonable care to avoid economic loss caused by defects in or related to a building for which the work is done and arising from the construction work: Design and Building Practitioners Act 2020 (NSW) (DBP Act) s

Introduction to Repudiation in Contract Law  The general rule in contract law is that both parties are bound by all the terms and conditions in a contract and must see the agreement through. Contracts are usually in writing but there are also circumstances where contracts are formed verbally, which depends

What is Legal Professional Privilege? Legal professional privilege (‘LPP‘) is an immunity from compulsory disclosure, and often arises during processes such as discovery and interlocutory disputes. The immunity can be invoked for materials exchanged between lawyer and client (and sometimes a third party) produced for the dominant purpose of providing

Introduction Whether a breach of the non-delegable duty in the Design and Building Practitioners Act 2020 (NSW) (DBP Act) s 37 was apportionable has remained uncertain ever since the DBP Act was enacted. However, the issue was finally clarified by the NSW Court of Appeal in The Owners – Strata

Introduction The Building and Construction Industry Security of Payment Act 1999 (NSW) (‘SOP Act’) aimed to introduce a new system of dispute resolution in the construction industry which ensured that payments were made promptly and that those liable to make payments could not manufacture reasons for not making payments or

Recovering an unpaid debt can be a time-consuming, costly and stressful process with no guarantee of success. At Valorum Law Group, we understand that steady flows of income are vital to all businesses so failures to pay debts can have detrimental impacts on a creditor’s business. The Debt Recovery Process

A person dies ‘intestate’ if they do not have a valid will at the time of death (called ‘total intestacy’) or there are some assets which are not properly disposed of under a valid will (called ‘partial intestacy’). If a person dies intestate, their property is divided according to the

Wills are legally binding documents that set out your wishes for who will, after your death, inherit your property, care for your children if they are not over the age of 18 years at the time of your death, and manage your property after your death to ensure that it

Payment claims can be made by a person entitled to a progress payment under a construction contract: Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) s 13(1). However, payment claims are subject to conditions listed in SOP Act s 13.  SOP Act s 13(7) states that

A caveat (literally “a warning”) is a statutory injunction under the Real Property Act 1900 (NSW). It appears on the title to the land and prevents any registration of dealings and plans on the title. It also serves as a warning on the title to anyone who wishes to deal

A new tax year has begun and with it comes a number of changes for individuals and businesses. Read on for some of the key changes that will effect you and/or your business from 1 July 2024. Individual Income Tax The stage 3 tax cuts are now live and apply

When a person is dismissed from employment, the dismissal may either be fair or unfair. Fair dismissals are those made because of proper reasons and cannot be challenged. However, unfair dismissals are those that are harsh, unjust or unreasonable and may be challenged in the Fair Work Commission. Unfair dismissal

The rights of employees and employers protected by the Fair Work Act 2009 (Cth) (FWA) form the foundation of employment law in Australia. The ‘general protections’ under the FWA form a vital component of the FWA, aiming to protect workplace rights, protect freedom of association with industrial organisations such as

The Building Legislation Amendment Act 2023 (NSW) (BLAA) introduced a range of building reforms covering builders, developers and contractors. These wide-ranging reforms continue the transformation of the building sector which had been promised by the NSW Government. The BLAA came into force on 11 December 2023, with some provisions expected

The Supreme Court of New South Wales has confirmed that Building and Construction Industry Security of Payment Act 1999 (NSW) s 32 does not itself permit any party from appealing from or challenging the finding of an adjudicator making a decision under the Building and Construction Industry Security of Payment

Facts The appellant, the owners corporation of the 28-storey “The Rise” building in Parramatta, brought an action against JKN Para 1 Pty Ltd (JKN), the developer and former owner of the building, and Toplace Pty Ltd (Toplace), who was contracted by JKN to design and construct the building.  The appellant

Introduction Resolving disputes related to serious building defects has traditionally been an expensive and time-consuming process, often requiring litigation. Project Intervene was a temporary trial initiative launched in November 2022 by NSW Fair Trading and now led by the NSW Building Commission in an effort to reduce the costs of

The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) (RAB Act) introduced reforms and increased regulation of construction of apartment buildings throughout NSW in 2020 as a response to several high-profile scandals involving defective apartment buildings such as the Opal Tower in Sydney Olympic Park and Mascot Towers

The Importance of Risk Allocation  Risks are inherent in all construction projects. As stated by Barnes, ‘from the moment that the decision to begin design is taken until the new facility is in use, the client is uncertain about the outcome of the project’. Risks can almost never be eliminated,

Introduction  The Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) governs security of payment in New South Wales, including progress payments and payment claims.  The effect of the SOP Act was modified by amendments to the Building and Construction Industry Security of Payment Regulation 2020 (NSW)

Overview A statutory demand is a document that can be lodged and relied on as part of the process to apply for the winding up of a company. Statutory demands are made under section 459E of the Corporations Act 2001 (Cth) (‘CA’) when a company owes a single debt or

In Slaveski v Nanevski Developments Pty Ltd [2023] NSWCA 145, the New South Wales Court of Appeal (CoA) overturned several findings of fact made by Kunc J in Nanevski Developments Pty Ltd v Slaveski; Mega-Top Cargo Pty Ltd v Nanevski Developments Pty Ltd [2022] NSWSC 1066 and has highlighted principles

The NSW Supreme Court in Oxford (NSW) Pty Ltd v KR Properties Global Pty Ltd t/as AK Properties Group ABN 62 971 068 965 [2023] NSWSC 343 (Oxford) has clarified and confirmed a number of principles in relation to the statutory duty of care in the Design and Building Practitioners

Over three cases, the NSW Supreme Court and the NSW Court of Appeal have clarified the extent of the statutory duty of care for people carrying out construction work under the Design and Building Practitioners Act 2020 (NSW) (DBP Act). The duty allows for people who carry out construction work

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (Amendment Act) has amended the Australian Consumer Law (schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) and the Australian Securities and Investment Commission Act 2001 (Cth) to impose significant penalties for proposing or relying on unfair

The Building and Construction Industry Security of Payment Amendment Act 2018 (the Amendment Act), makes significant reforms to the Building and Construction Industry Security of Payment Act 1999 (the Act). The Amendment Act takes effect from 21 October 2019 and will apply to any contracts entered on and after this