The Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024 (Vic), which was introduced into the Victorian Parliament on November 27, 2024, will bring significant changes across multiple sectors, including Owners Corporations (OCs).
Read MoreThe recent ruling in Owners Corporation v Buckley has sparked an important debate: Should fee disputes involving Owners Corporations be resolved in the Magistrates’ Court or at VCAT? This decision carries significant implications for Owners Corporations seeking to recover debts owed by lot owners.
Read MoreThere is a difference between a letter of demand and statutory payment claim as explained below. What is a letter of demand. A letter of demand is sent by a creditor to a debtor demanding payment of the debt. It is usually the final step taken before the commencement of a legal proceeding.
Read MoreThe decision in early March 2024 of Justice Woodward in Plunkett v Portier Pacific [2024] VCAT 205 (Plunkett) has far-reaching implications for VCAT’s jurisdiction in relation to domestic building disputes.
Read MoreIf you have encountered water flow onto your property causing damage, injury or economic loss, then you may be considering pursuing a claim in the Victorian Civil and Administrative Tribunal (VCAT). However, it is unclear currently whether there are time limitations on raising a claim.
Read MoreThe passing of the Building Legislation Amendment (Domestic Building Insurance New Offences) Act 2024 (Vic) (the Amendment) has introduced new penalties for Builders who fail to obtain Domestic Builder Insurance (DBI), hence, strengthening consumer protection in the construction industry. The changes are relevant for any Builder engaged in a major domestic building contract.
Read MoreAll Australian states and territories introduced legislative security payment legislation to address poor payment practices in the construction sector. Victorian security of payment law is established by the Building and Construction Industry Security of Payment Act 2002 (Act).
Read MoreProperty owners will typically commence legal proceedings against a builder in the event of defective works for a breach of the warranties implied into each domestic building contract. In response to this, a builder may seek to apportion fault to other construction professionals involved in the project such as the building surveyor to reduce its liability to the owners.
Read MoreOn 24 November 2014, a resident, who lived in the 21 storey Lacrosse Apartments in Docklands, left his cigarette burning in a plastic food container on the balcony. Fire quickly travelled up the external walls of the apartment building and everyone within the apartment building was evacuated. The fire resulted more than $12million dollars of damage.
Read MoreEarlier this year an independent government agency called Domestic Building Dispute Resolution Victoria (DBDRV) was set up to help parties resolve domestic building disputes.
Read MoreContractors often experience significant delays in receiving payment during the course of a construction project or do not receive payment at all.
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