Introduction In the recent decision of Façade Treatment Engineering Pty Ltd (in liq) v Brookfield Multiplex Constructions Pty Ltd  VSCA 247, the Victorian Court of Appeal has confirmed that companies in liquidation cannot use the Victorian security of payment legislation to enforce payment of progress payments. The Court also provided valuable guidance on the […]
In recent years we have seen an increase in the amount of damages typically awarded by courts and tribunals in employment related litigation. We discuss this trend in our recent video. A trend towards increasing damages If we go back to 2014 and look at the case of Richardson v Oracle (1) we saw that […]
On 12 November 2016, amendments to the Australian Securities and Investments Commission Act 2001 (Cth) and Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) commence which invalidate unfair terms in small business contracts. Our previous alert on the change to unfair contract terms legislation is available here. A contract is […]
The purpose of this newsletter is to provide government lawyers with a digestable and relevant snapshot of current news, case law and legislation. We intend it to be a useful resource for government lawyers. With this in mind, we welcome feedback or suggestions for areas of interest at any time. View PDF below to load newsletter.
In our February PPS Alert, we looked at the court decision in Stellard Pty Ltd & Anor (“Stellard”) v North Queensland Fuel Pty Ltd (“NQF”) (“Stellard’s Case”), where the court ruled that the name of an agent typed in an email was a “signature” which bound the company under a land contract. We also looked […]
The consent of a landowner is generally required for a development application to be valid. This makes sense – if an application is going to be made that could affect an owner’s rights and the purposes to which the owner’s land may be put, the owner should be required to give their consent. However, difficulties […]
With the rush that often comes with getting a new project under way, we often see situations where there has not been a great deal of consultation between the Principal and the Project Manager. A Project Manager can play an important role and the early involvement of a good Project Manager will make a valuable […]
New ASIC warning to company officers using false statutory declarations in the building and construction industry
By media release 16-325MR, ASIC has confirmed that while false statutory declarations and fraud are matters for other regulatory and enforcement agencies, company officers who knowingly make a false statement regarding payments to creditors may themselves end up in hot water facing criminal or civil action by ASIC. Background As part of its ongoing work […]
We are pleased to introduce the inaugural edition of Thomson Geer’s Public Sector Newsletter for Victoria. The purpose of this Newsletter is to provide government lawyers with a digestible and relevant snapshot of current news, case law and legislation. We intend it to be a useful resource for government lawyers.