At Urban Lawyers we provide formidable and outstanding legal representation and services to our clients in order to assist them to achieve their commercial and legal objectives. The case summaries below highlight the exceptional results we achieve for our clients in contentious matters and the complex contractual documents we prepare in non contentious matters.

COUNTY COURT SETTLEMENT
Urban Lawyers recently settled a County Court joint venture dispute on favourable terms for the client.

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL WIN
Urban Lawyers achieved a favourable outcome for our client, an engineering consultancy firm, in a dispute at the Queensland Civil and Administrative Tribunal.

DEFECTS AND INCOMPLETE WORKS CLAIM RESOLVED
Urban Lawyers recently successfully resolved a claim for defects and incomplete works on behalf of an Owner against a Builder at a DBDRV conciliation.

SUCCESSFUL SUPREME COURT JUDICAL REVIEW APPLICATION / APPEAL
Urban Lawyers recently settled a Supreme Court Judicial Review Application/Appeal for the Principal on favourable terms in relation to the Security of Payment Act.

OWNER'S CORPORATION WINS PLUMBING DEFECTS CASE
Urban Lawyers recently achieved a favourable settlement for an owners corporation in relation to substantial plumbing defects.

FAVOURABLE SETTLEMENTS FOR APARTMENT OWNERS
Urban Lawyers has achieved favourable settlements in relation to various VMIA Insurance claims on behalf of various owners of apartments in Brunswick.

BUILDING APPEALS BOARD WIN
Urban Lawyers successfully assisted the adjoining property owners, in obtaining an order from the Building Appeals Board at a final hearing, for reimbursement of their legal and expert costs related to protection work under the Building Act 1993.

DESIGN CONSULTANT NOVATION
Urban Lawyers have advised design consultants including a leading fire engineering consultant and architect in relation to the novation of their respective consultancy agreements for major construction projects to the contractor.

INTELLECTUAL PROPERTY SETTLEMENT
Urban Lawyers recently achieved a favourable settlement in relation to an intellectual property dispute.

OWNERS CORPORATION COMMON PROPERTY DEFECTS WIN
Urban Lawyers successfully settled a claim against a builder on behalf of an owners corporation arising from significant defects in the common property of an apartment building in Melbourne.

COUNCIL'S REFUSAL TO GRANT EXTENSION TO PLANNING PERMIT OVERTURNED BY VCAT
Frequently Urban Lawyers assist developers to overcome objections from council and road blocks so they can proceed with their project. In this case, a developer of a multi-rise development consisting of apartments and a retail component was refused an extension of time to the planning permit by the responsible authority. Urban Lawyers commenced a planning appeal to VCAT, which overturned the decision of the responsible authority and the project was granted approval to realise its full potential.

VENDOR WINS CONTRACT OF SALE OF LAND DISPUTE
Urban Lawyers recently achieved an extremely favourable settlement for their vendor clients in Supreme Court Proceedings arising from a dispute with a developer regarding the enforceability of a Contract of Sale of Land.

WIN FOR PRIVATE SCHOOL CONSTRUCTION DISPUTE
Urban Lawyers recently achieved an extremely favourable settlement for a contractor in relation to a construction dispute with a private school and its superintendent for refurbishment works under an Australian Standard construction contract. The dispute involved disputed variation claims, extension of time claims and the date on which practical completion was achieved.

FAVOURABLE SETTLEMENT FOR OWNERS CORPORATION
Urban Lawyers achieved a favourable settlement for an owners corporation with a roof plumbing insurer arising from defective roof plumbing works undertaken at an apartment building in Brunswick.

SUBCONTRACTOR WINS RETURN OF BANK GUARANTEE
Urban Lawyers achieved a favourable settlement for a subcontractor in relation to a construction dispute with a contractor with respect to the return of a bank guarantee.

COMBUSTIBLE CLADDING ADVICE TO OWNERS CORPORATION
Urban Lawyer is currently advising an owners corporation in relation to potential claims arising from the installation of combustible cladding on the various apartment buildings they manage in inner city Melbourne

PLANNING ADVICE COMPULSORY LAND AQUISITION
Urban Lawyers recently provided planning advice to a client regarding the proposed compulsory acquisition of its land.

SIGNIFICANT COMBUSTIBLE CLADDING INSURANCE CLAIM WIN
Urban Lawyers achieved a favourable outcome for an owners corporation in relation to an insurance claim for the removal and replacement of defective combustible cladding on an apartment building.

SUBCONTRACTOR RECEIVES FAVOURABLE SETTLEMENT
Urban Lawyers assisted a subcontractor in negotiating a favourable settlement with the main contractor arising from delays to the project.

MASTER DEVELOPER MULTIPLE BUILDER CONTRACT TERMINATIONS
Urban Lawyers are advising a master developer in relation to the termination of several building contracts arising from the Builder’s breaches of the contracts.

FAVOURABLE SECURITY FOR COSTS APPLICATION
Urban Lawyers recently achieved a favourable outcome for our client in relation to a security for costs application in the County Court.

FAVOURABLE DECISION FOR FIRE ENGINEERS
Urban Lawyers has achieved a favourable decision from the Queensland Board of Professional Engineers on behalf of a fire engineer accused of unsatisfactory professional conduct.

FAVOURABLE OWNERS CORPORATION CLAIM DECISION
Urban Lawyers has achieved a favourable claim decision from the VMIA on behalf of an Owners Corporation in Fitzroy after requesting that it reconsider its original decision to deny the claim.

SIGNIFICANT DEBT RECOVERY
Urban Lawyers successfully recovered a significant debt from a builder on behalf of a subcontractor by issuing a Statutory Demand under the Corporations Act 2001.

RETAIL LEASE DISPUTE SUCCESS
Urban Lawyers achieved a favourable outcome at a mediation in the Victorian Small Business Commission for the landlords in relation to a dispute with the tenant arising from the Commercial Tenancy Relief Scheme Regulations 2021 (Vic), which were introduced to provide rent relief to tenants due to the COVID-19 pandemic.

URGENT CAVEAT REMOVAL WIN
Urban Lawyers recently acted for a developer in relation to an urgent caveat removal in the Supreme Court of Victoria which resulted in a successful outcome for the client.

VCAT WIN FOR PLANNING PERMIT VARIATION
Urban Lawyers recently succeeded in appealing the decision of a responsible authority to grant a planning permit which would adversely impact the amenity of our clients’ neighbouring properties. The Victorian Civil and Administrative Tribunal ordered a variation to the planning permit which ensured that the proposed development will respond positively with the interface of our clients’ properties.

DESIGN AND CONSTRUCT CONTRACT AND COMMERCIAL AGREEMENTS
Urban Lawyers has prepared a design and construct contract based on AS 4300 1995 with substantial amendments on behalf of a developer with respect to the development of 29 apartments and will provide ongoing legal advice to the client during the project. Urban Lawyers has also prepared other complex commercial agreements for its clients including joint venture agreements, put and call option agreements, project management agreements, consultancy agreements, leasing agreements and contracts of sale incorporating special conditions for off the plan sales.

SECURITY OF PAYMENTS ACT DOUBLE WIN
Urban Lawyers recently acted for a civil contractor in relation to two adjudication applications under the Security of Payment Act arising from the principal’s failure to pay payment claims. Both applications resulted in successful outcomes for the clients.

DEFAMATION / INJURIOUS FALSEHOOD CLAIM
Urban lawyers recently acted for a developer in relation to a dispute concerning a potential defamation / injurious falsehood claim. The matter was resolved successfully on behalf of our client as an appropriate apology and retraction was issued.

CASE AGAINST BUILDER THROWN OUT
Urban Lawyers represented a builder who was being sued by an owner for alleged defects at VCAT. The case was settled with an outstanding result for our client as the claim was completely withdrawn.

SECURITY OF PAYMENTS ACT DOUBLE WIN
Urban Lawyers acted for a civil contractor in relation to two separate adjudication applications under the Security of Payments Act against different principals arising from their respective failure to pay the Final Payment Claim. Both applications resulted in successful outcomes for our client.

RECOVERY OF SIGNFICANT DEBT
Urban Lawyers recently assisted a client in relation to the recovery of significant debts owed.

ADVICE IN RELATION TO A PROJECT IN VIETNAM
Urban Lawyers recently advised a client in relation a project in Vietnam.

ADVICE IN RELATION TO TRANSNATIONAL DISPUTE IN DUBAI
Urban Lawyers recently advised a client in relation to a transnational dispute in Dubai.

VMIA INSURANCE CLAIM FOR MAJOR STRUCTURAL DEFECTS
Urban Lawyers are advising owners in relation to a VMIA insurance claim for major structural defects at a house.

SUCCESSFUL REMOVAL OF PPSR CHARGES AND A CAVEAT FOR QLD DEVELOPER
Urban Lawyers successfully arranged for the removal of PPSR charges and a caveat from a Developer client’s property in Queensland.

OWNERS RECEIVE FAVOURABLE VCAT DEFECTS CLAIM
Urban Lawyers recently achieved a favourable settlement for the Owners in a VCAT claim for defects.

FAVOURABLE ADJUDICATION DETERMINATION FOR OWNER
Urban Lawyers has achieved a favourable adjudication determination in relation to a Contractor’s payment claim for works purportedly completed in Northcote.

CALL OPTION SUCCESS
Urban Lawyers recently assisted a developer in relation to invoking a call option to purchase a high value property in country Victoria.

COMBUSTIBLE CLADDING DISPUTE WIN
Urban Lawyers successfully settled a Supreme Court dispute on behalf of an architect in relation to a combustible cladding claim.

FAVOURABLE OUTCOME IN CONTRACTUAL DISPUTE AGAINST LIQUIDATOR
Urban Lawyers achieved a favourable outcome for a client in a contractual dispute with a liquidator.

LAND TAX RETAIL TENANCY DISPUTE WIN
Urban Lawyers successfully settled a retail tenancy dispute on behalf of the tenant arising from a dispute concerning land tax.

SIGNIFICANT PAYMENT VICTORY UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT
Urban Lawyers pursued an adjudication application on behalf of a subcontractor for circa $185,000 in relation to a single or one off payment claim that a contractor was refusing to pay. The adjudication application was successful as the adjudicator upheld the application in his determination and the contractor immediately made payment of the adjudicated amount.

SUCCESSFUL ADVERSE POSSESSION APPLICATION
Urban Lawyers acted for a developer in relation to an application for adverse possession of a strip of land adjacent to the developer’s property in Caulfield South. The adverse possession application was upheld by the Land Registry and a new title has been issued to the developer with respect to the adversely possessed land. As a result, the developer’s property has significantly increased in size as it now includes the adversely possessed land. This has resulted in a significant improvement in the property’s development potential and a substantial increase in its sale price.

DESIGN AND CONSTRUCT CONTRACT AND COMMERCIAL AGREEMENTS
Urban Lawyers has prepared a design and construct contract based on AS 4300 1995 with substantial amendments on behalf of a developer with respect to the development of 29 apartments and will provide ongoing legal advice to the client during the project. Urban Lawyers has also prepared other complex commercial agreements for its clients including joint venture agreements, put and call option agreements, project management agreements, consultancy agreements, leasing agreements and contracts of sale incorporating special conditions for off the plan sales.

SIGNIFICANT PAYMENT VICTORY UNDER THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT
Urban Lawyers pursued an adjudication application on behalf of a subcontractor in relation to a payment claim that a contractor was refusing to pay. The adjudication application was completely successful as the contractor made payment of the payment claim in full prior to the adjudicator issuing his determination.
Urban Lawyers successfully recovered a debt on behalf of a contractor after giving the debtor company notice that it would be serving a statutory demand under the Corporations Act.
