This is a sum which was considerably more than the builder might have recovered in a damages claim under the contract. Paterson Constructions Pty Ltd v Mann VCAT 2100
Warning to Buyers: When you buy off the plan, you are paying for a property where the end product may not only differ from your expectations but be worth less than you have agreed to pay...
Cover image: Photo of article Diddly Squat: The $1.7 million home awarded to Bill Gertos [for free] under squatter's rights by Annabel Hennessy dated 31 October 2018. Picture Christian Gilles
“We now have evidence showing that children living in a contaminated home can have methamphetamine in their system that's equivalent to an adult ice user.”
The objectives are to trace the process by which unconscionable conduct principles came to be included in the Australian retail tenancies legislation, examine the subsequent case-law in order to assess the difficulties in applying the principles to retail leases and determine the impact of the provisions on the attitude of the parties to the negotiation.
The Government reviews foreign investment proposals against the national interest on a case‑by‑case basis. This flexible approach is preferred to hard and fast rules. Rigid laws that prohibit a class of investments too often also stop valuable investments. The case‑by‑case approach maximises investment flows, while protecting Australia's interests.
The purchaser is liable to pay the stamp duty, and it must be paid within three months of the liability arising. For example, if you're purchasing an existing property (not 'off the plan'), your liability will arise when the contract of sale has been exchanged.
Where seeking to recover land on the basis of a constructive trust arising from proprietary estoppel, when does that constructive trust arise? Does it arise when a court makes a declaration to its effect, or when the relevant cause of action accrues? And when should the court consider a lesser remedy instead of declaring a trust?
In this recent decision, the landlord got the benefit of a dubiously worded outgoings clause. The High Court gave full effect to the parties’ commercial intent to hold that commercial common sense dictated that the tenant would be liable for all outgoings under a long term lease.
When fencing work is required along your boundary line with your neighbour, you can ask your neighbour to contribute half the cost by serving your neighbour with a fencing notice (see below). Beware of situations where a retaining wall is required or the existing fence is not on the actual surveyed boundary line. Legal advice may be required as this situations can be very complex.
Australia’s crystal methamphetamine (also known as “ice”) obsession is not slowing down. Alongside the devastating effects the drug has on users, the production of the drug is also leaving an invisible legacy in the places it was manufactured. This legacy places the building and its contents at risk of contamination and possibly exposes unknowing future occupants to potential health risks from the residue chemicals.
APPEAL - Residential tenancies - Refusal of adjournment application - Applicable principles - No error of law established. APPEAL - Residential tenancies - Apprehended bias - No error of law established APPEAL - Residential tenancies - Whether substantial miscarriage of justice has occurred - Leave refused
If you have a commercial dispute and your negotiations have broken down, we may be able to help.
A “revised” payment claim, for a different sum, served one day after another payment claim had been served was invalid because it was held to be a second payment claim and therefore in contravention of s 14(8) of the Building and Construction Industry Security of Payment Act 2002 (Vic) which prohibits more than one payment claim being served in respect of the same reference date.
This kit contains tips on how you can talk with your neighbour and information about how mediation may help you, including: an explanation of the mediation process and what it involves a workbook...