When Construction Goes Wrong, Insurance Can Step In
Building a home is meant to be one of the most rewarding experiences of your life. It’s where savings, ideas, and emotions come together to create something meaningful – a place to live, grow, and feel safe. But sometimes, the process doesn’t go to plan. Defective work, delays, or even a builder who walks […]
The Hidden Promises in Your Building Contract
When you sign a domestic building contract, you might assume that everything you’re agreeing to is written on the page. But what if we told you that, under Victorian law, you’re also agreeing to a series of promises outlined in legislation? These promises are known as implied warranties – non-negotiable obligations that apply by law […]
How Can A Contract Be Terminated?
A contract is a very important document that outlines your legal responsibilities under the agreement it governs. However, not always will a contract hold up; issues may arise if circumstances out of your control have an impact on it, or if the other party is in breach of it. If you wish to terminate […]
Examining Security of Payments in Nasseri V Wellington
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 […]
What Can My Charity Do To Get Funding?
‘I want to pursue my charity’s mission, but I don’t have the means to do so. Where can I find funding?’ Once registered with the ACNC and the ATO, a charity is poised to pursue its mission and fulfill its purpose. However, many charities find themselves at a standstill due to one crucial […]
Cantor v Audi Australia and the Laws of Legal Privilege
Cantor v Audi Australia Pty Ltd [2016] FCA 1391 Facts: This case concerns the scope of legal professional privilege (LPP) in Australia. The privilege dispute arose during five parallel class actions by purchasers or lessees in Australia of various diesel engine models of Volkswagen, Audi or Skoda motor vehicles, alleging that there was […]
Bill to Introduce New Category of DGR Charities
In recent exciting news, the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 introduces a new class of Deductible Gift Recipient (DGR) charities. This Bill, introduced in September 2023, has passed both the House of Representatives and the Senate and is now nearing completion and awaiting royal assent. […]
Standards Australia to Modernise the Standard Form Construction Contract
Background Standards Australia is in the process of updating and modernizing the AS 4000—1997 General Conditions of Contract standard to reflect legislative changes over the past 25 years. This revision aims to ensure the standard remains relevant and effective in today’s construction industry landscape. Why is this being done? AS 4000 is […]
I Want To Get Out Of My Business Partnership – What Do I Do?
Considering an exit from a business partnership? Discover the steps and considerations below on navigating this pivotal decision. 1 – Assessing the Grounds for Termination: Before initiating the process, it’s crucial to identify the reasons for terminating the partnership. Whether it’s the expiration of the partnership term, a partner’s written notice, legal restrictions on […]
Charities
According to the Australian Charities and Not-for-profits Commission charities account for 11% of total employment in Australia. Charities are a subset of not-for-profit organisations and receive distinct tax benefits as a matter of public policy to facilitate their positive work in the community. Charity law is a distinct, complex and highly specialised area of the law. […]