Intellectual property (IP) is a key asset in today’s construction industry, helping businesses safeguard their competitive edge in an increasingly tech-driven landscape. As construction evolves with the introduction of high-tech products, materials, and digital platforms, understanding how to protect new and innovative ideas is crucial. This blog post will look at the Federal Court Case Carlisle Homes Pty Ltd v Tick Homes Pty Ltd [2018] FCA 973 (‘Carlisle Homes’) as it demonstrates the critical role of copyright in the construction sector.
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In a pivotal decision for the construction industry, the High Court has ruled that the statutory duty of care owed by developers and head contractors under the Design and Building Practitioners Act 2020 (NSW) (DBPA) is non-delegable and not apportionable. This ruling has significant implications for developers, contractors, and their insurers.
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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).
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The 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.
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There 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.
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The 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.
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If 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.
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The 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.
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All 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).
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Property 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.
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On 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.
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Earlier this year an independent government agency called Domestic Building Dispute Resolution Victoria (DBDRV) was set up to help parties resolve domestic building disputes.
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Contractors 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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