Blog

Building & Construction Law 24/01/2018 by Matthew Bryan

What are the limitation periods for bringing a claim for breach of Statutory Warranty?

By virtue of Section 18E of the Home Building Act, proceedings for a breach of a statutory warranty must be commenced before the end of: 6 years for a breach that results in a major defect in residential building work, or 2 years in any other case.  “major defect” is defined to mean: (a)a defect in a major […]

Building & Construction Law 24/01/2018 by Matthew Bryan

What are the Statutory Warranties implied under the Home Building Act?

By virtue of Section 18B of the Home Building Act, the following warranties are implied in every contract to do residential building work: A warranty that the work will be done with due care and skill and in accordance with the plans and specifications set out in the contract, A warranty that all materials supplied […]

Building & Construction Law 24/01/2018 by Matthew Bryan

When does the Building & Construction Industry Security of Payment Act apply to the Residential Building work?

Section 7(2)(b) of the Building & Construction Industry Security of Payment Act (‘SOP Act‘)  states that the Act will not apply to a construction contract for the carrying out of residential building work “on such part of any premises as the party for whom the work is carried out resides in or proposes to reside in”. Generally therefore, the […]

Building & Construction Law 24/01/2018 by Ned Mortensen

When can I suspend work?

If you are a builder carrying out residential building work, there may be situations when you would like to suspend the building works.  Commonly this occurs when a home owner fails or refuses to pay a Progress Claim.  This can cause problems for a builder who, naturally, may be reluctant to continue carrying our the […]

Building & Construction Law 24/01/2018 by Ned Mortensen

What should I do if the home owners are disputing a Progress Claim?

As a residential builder, obtaining payment from home owners can sometimes be a source of concern.  Of, course, prompt payments can be assisted by issuing Progress Claims when you are entitled to do so and having good communication withe home owners and processes in place to ensure Progress Claims are paid on time.  Needless to […]

Building & Construction Law 23/01/2018 by Amanda Crosbie

Can I still Recover Payment for Variations and Extras where there is No Written and Signed Contract Variation?

If you enter into a contract with a home owner to undertake residential building work and the contract price exceeds $5,000.00, then the Home Building Act provides that any variation must be in writing and signed by both parties prior to the variation works commencing. If a variation is not in writing and signed by both […]

Building & Construction Law 23/01/2018 by Amanda Crosbie

My house is incomplete and the builder is delaying, what can I do?

If works to your home remain incomplete after the period that the contract stipulates works ought to be complete, then it is likely that the builder is in breach of the contract. Most contracts will require that a home owner give the builder a notice particularising the breach and provide that the builder has a […]

Building & Construction Law 23/01/2018 by Amanda Crosbie

When Can I Claim Under a Policy of Insurance Under the Home Building Compensation Fund?

Insurance under the Home Building Compensation Fund is required to be obtained by a builder entering into a residential building contract of greater than $20,000 with a home owner prior to commencing any work under that contract. Insurance policies under the Home Building Compensation Fund provide a set period of cover for loss caused by […]

Building & Construction Law 21/01/2018 by Ned Mortensen

How to resolve disputes about residential building contracts.

Disputes as to the timeliness, quality, value and compliance of works in residential building contracts are all too frequent. Commonly, relatively simple disputes get out of hand quickly as emotions run high and parties seek to “hit the other where it hurts”. Home owners refuse to pay and builders refuse to build. If you’re a […]

Business & Company 25/10/2017 by Sam Roberts

Private Sale of Industry Leading Holiday Rentals Booking Management Software Business to Public Listed Company a Breeze.

Midac Technologies Pty Limited (“Midac”) started up in 1981 in Sydney and pioneered early “smart building” direct digital control technology. In 1994 Midac made an early start developing online software and solutions. The then Dungog based business was instrumental in encouraging and assisting many organizations to make their online debut, including large corporate entities like […]

Family Law 24/07/2017 by Roberts Legal

Why I will never tell you an “informal property agreement is the way to go…”

We understand that you may not want to rock the boat.  You have finally reached an agreement. You’re happy, your ex partner is happy, you just want to keep it amicable and move on. Here is why you should consider rocking the boat Informal Property Settlements NOT Binding The Family Court Rules provides that any […]

Family Law 19/07/2017 by Roberts Legal

What to do if your ex won’t move out.

“Our relationship has ended but my ex-partner won’t move out of the house that we own [or rent].” When a relationship is over one of the hardest decisions will be who leaves. Both you and your spouse or ex-partner are entitled to live in your home after separation regardless of whose name is on the […]

Family Law 24/07/2017 by Roberts Legal

Is my Ex entitled to my financial documents?

The exchange of financial information and documents is a standard first step in most matters as it allows a Balance Sheet to be drawn up and for the parties and their lawyers to establish what is available for division in the family law matter. The exchange of documents ensures that each party is aware of […]

Family Law 24/07/2017 by Roberts Legal

Family Law and Financial Advisors

When separating clients come to me, the first and foremost thing on their mind is typically their future and current financial certainty. That is what Financial Advisors endeavour to give their clients every day. And this is a task that Family Lawyers are unable to do. When clients have experienced Financial Advisors assisting them it […]

Family Law 18/07/2017 by Roberts Legal

Family Law Mediation. What happens if I say No?

Family Law Mediation is also called Family Dispute Resolution (“FDR“) and is the first step in parenting proceedings in most parenting matters. Before commencing Court action, a party must provide a Certificate from an accredited Family Dispute Resolution Practitioner to say that the parties have made a genuine attempt at mediation. There are some exceptions […]

Family Law 13/07/2017 by Roberts Legal

Cyber safety and domestic violence: Tips for staying safe online

Recently there has been a lot of press and coverage regarding Snapchat’s most recent upgrade which has a map/location function. And quite frankly it terrifies me. You may not be aware but many of the apps on your phone have a location tool, which can be great when you need to know which restaurant is […]

Family Law 13/07/2017 by Roberts Legal

I want to move my child away from my ex partner, can I?

There are several issues that need to be considered, so unfortunately there is no clear cut yes or no answer. Basically it depends… Unless there is an Order for sole Parental Responsibility you are required to agree on issues which effect the long term well being of your children with the other parent. This includes […]

Building & Construction Law 13/07/2017 by Felicity Donald

June 2017 SOP Amendments – Sending Payment Claims or Payment Schedules by Email or Fax

With the increasing use of emails both for communications and for sending and receiving documents, it is becoming common for businesses to send tax invoices by email.  Perhaps in light of this growing trend, there have been some recent amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) in relation to […]