Insights and news

Building Products (Safety) Act

Building Products (Safety) Act

Introduction The Building Products (Safety) Act 2017 (NSW) (‘the Act’) was passed by the NSW Parliament and assented to on 30 November 2017 by the Governor. The Act comes after the tragic events of the Lacrosse fire in Victoria and the Grenfell Tower fire in London...

Unfair Contract Terms – ACCC v J Richardson & Sons

Unfair Contract Terms – ACCC v J Richardson & Sons

Introduction The recent decision from the Federal Court of Australia in ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224 reinforced the Court’s position of protecting the interests of consumers who may be subject to unfair contract terms in small business...

High Court Ruling on Reference Dates

High Court Ruling on Reference Dates

Reference dates are the dates on which a payment claim can be made. Such dates are usually stipulated under contract and if not, can be calculated by reference to section 8(2) Building and Construction Industry Security of Payment Act 1999 (NSW) (‘the Act’). The High...

Changes to the Corporations Act 2001 (Cth)

Changes to the Corporations Act 2001 (Cth)

Starting from 1 July 2018, there will be a prohibition on the enforcement of ipso facto clauses in certain contracts due to amendments to the Corporations Act 2001 (Cth) (‘Corporations Act’). Ipso Facto Clauses Ipso facto clauses are clauses which allow parties to...

Changes to the Retail Lease Act 1994

Changes to the Retail Lease Act 1994

INTRODUCTION The Retail Leases Amendment (Review) Bill 2017 (the Legislation), which introduces several changes the Retail Leases Act 1994 (RLA), was passed by NSW parliament and came into force on 1 July 2017. APPLICATION The Legislation will remain applicable to and...

Calderbank Offers: The Basics

Calderbank Offers: The Basics

A Calderbank offer is an offer of settlement made in a “without prejudice” communication, which can have its confidential nature waived in an application for indemnity costs (Calderbank v Calderbank [1975] 3 All ER 333). Making a “without prejudice” settlement offer...

Is Service by USB Acceptable Service?

Is Service by USB Acceptable Service?

The Building and Construction Industry Security of Payment Act 1999 (‘the Act’) prescribes strict provisions relating to the service of documents. While there may be more convenient ways of serving documents than through hard copies, Parkview Constructions Pty Ltd v...

Breach and Repudiation: The Basics

Breach and Repudiation: The Basics

A party to a contract may be unsure of its rights to terminate the contract if the other party has committed a breach of contract. Where there is no express provision in a contract stating the party’s right to terminate, the party wishing to terminate the contract...

Rectifying Defects In Residential Buildings

Rectifying Defects In Residential Buildings

Builders have an obligation to carry out works and complete works in a specified manner and will be responsible to fix defects in residential properties, should they be found after the completion of the works. SCOPE OF DEFECTS A defect is a deficiency in the quality...