Victoria Strengthens Insurance Rights for High-Rise Apartment Owners

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  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 […]

Finally, Real Protection for Homeowners in Low-Rise Buildings

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  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 […]

Justice Legislation Amendment Bill 2023 – VCAT, federal jurisdiction, and more

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What is the Justice Legislation Amendment Bill 2023?   The Justice Legislation Amendment Bill 2023 was introduced into the Victorian Parliament in August 2023, and has just recently passed both houses. The Bill was enacted with the purpose of effecting significant amendments across various facets of the Victorian legal system, and clarifying procedural and jurisdictional […]

Construction Progress Payments – High Court Upholds Adjudicator’s Determination

Construction Progress Payments – High Court Upholds Adjudicator’s Determination

The High Court in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd [2018] HCA 4 has finally laid to rest a longstanding dispute over the finality of an adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 NSW (SOP Act). The SOP Act, which has parallel legislation in all […]

Amendments to the Owners Corporation Act 2006

Amendments to the Owners Corporation Act

Introduction The Owners Corporations and Other Acts Amendment Act 2021 (Vic) (Amendment Act) has been enacted. These changes will come into force on 1 December 2021. This article seeks to summarise some of the key amendments made to the Owners Corporations Act 2006 (the Act). The five tiers of Owners Corporations: The Act previously did not differentiate […]

Building and Construction Industry Security of Payment Act 1999 (NSW)

Building and Construction Industry Security of Payment Act 1999 (NSW)

The Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’) was first introduced in New South Wales in March 1999 and similar legislation 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 […]