Builders owe no duty of care to owners i....

Jul 31, 2012

Home owners, including Owners Corporations of strata plans have seen a steady erosion of rights surrounding residential defects over the past decade.  With first resort insurance replaced with last-resort insurance and the most recent amendments to the Home Building...

Preconditions for a payment claim ruled....

Jun 15, 2012

The Security for Payment Acts (‘SOPA’) give contractors a statutory right to follow a process which aims to secure quick interim payments to contractors for construction works performed. Under the SOPAs in most states, a contractor may submit one payment...

Fraudulent Home Warranty Certificates

Jun 14, 2012

A builder has recently been ordered to perform community service, ordered to pay costs and placed on a 12 month good behaviour bond by the Wyong Local Court for issuing fraudulent Home Warranty Certificates, purporting to be from Vero Insurance, to a number of persons...

In the matter of Rivercorp Pty Limited

Jun 12, 2012

A recent Supreme Court decision has made it clear that the ATO cannot hide behind its own internal policies as an excuse not to pay a liquidator’s costs of court action to recover unfair preferences. Liquidators seeking to recover unfair preferences from the ATO are...

Provident Capital Ltd v Bortolin Papa (N....

Apr 27, 2012

The recent New South Wales Supreme Court decision in Provident Capital Ltd v Bortolin Papa (No 1) should bring notice to financial asset lenders granting loan agreements as to what can render a contract “unjust” under s 7 of the Contracts Review Act 1980 (NSW). The...