spectrumlaw

Reasonable and Necessary Rectification Costs

The case of Castellan v Icecorp Pty Ltd [2024] VCACT 1120 centres around a contractual dispute arising from a construction project involving two townhouses. The Owners alleged defective workmanship and breaches of statutory warranties, seeking rectification costs from the Builder. The Tribunal had to assess whether the claimed defects justified compensation and whether contractual expectations […]

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Family Violence & Parenting Orders – Case Note: Wells & Wells [2024]

The Federal Circuit and Family Court of Australia often deals with complex and sensitive matters, particularly where allegations of family violence are involved. A recent case, Wells & Wells [2024] FedCFamC2F 1516, considered how such allegations should impact parenting arrangements and decision-making responsibilities. The Background In this case, the father had previously been charged—and later

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Building Legislation Amendment (Buyer Protections) Bill 2025

The Building Legislation Amendment (Buyer Protections) Bill 2025 introduces significant reforms to Victoria’s building industry, strengthening consumer protections and tightening regulatory oversight. The Bill establishes a statutory insurance scheme, mandates developer bonds, consolidates consumer dispute resolution under the Victorian Building Authority (VBA), and expands enforcement powers against defective or incomplete construction work. It also introduces

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Understanding Domestic Violence

Domestic violence is a pervasive issue impacting countless individuals and families in Victoria. Beyond physical harm, it encompasses a range of abusive behaviours designed to control, intimidate, or harm victims. In this article, we explore what domestic violence is, its various forms, and the legal protections available to victims. What is Domestic Violence? Domestic violence

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Understanding the Changes to the Capital Gains Withholding Regime

On 1 January 2025, significant amendments to Australia’s Foreign Resident Capital Gains Withholding (FRCGW) regime came into effect. Designed to ensure the Australian Taxation Office (ATO) can collect tax liabilities from non-residents selling Australian properties, these changes were part of the Treasury Laws Amendment (2024 Tax and Other Measures No. 1) Bill, which passed both

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Building on Mistakes – Structural Defects

Key Lessons from Whitaker v F.P & H.S Keogh Pty Ltd Understanding the importance of contractual compliance and adherence to engineering designs is critical in the construction industry. The recent Victorian Civil and Administrative Tribunal (VCAT) case, Whitaker v F.P & H.S Keogh Pty Ltd [2024] VCAT 708, highlights the consequences of failing to meet

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Spectrum Speaks – Volume 13

Spectrum Lawyers and Spectrum Coach have joined forces to offer builders and contractors a comprehensive range of services, covering everything from sales and marketing to home designs, business coaching, operations, and legal advice—all under one roof. To keep you informed about industry developments, we’ve created Spectrum Speaks. This quarterly newsletter will ensure you’re always ahead of the

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Pets Aren’t Property

On 29 November 2024, the Family Law Amendment Bill 2024 passed both houses.  This Bill, among other matters, introduced significant changes to the treatment of pets when parties separate. Historically, when parties separate and rely on the provisions of the Family Law Act in dealing with their property, belove “fur-babies” were treated as just that

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Unfair Contract Terms in the Building Industry

Contracts are the administrative foundations of the building and construction industry. However, when contracts are skewed in favour of one party—often the more powerful one—they can lead to significant legal disputes. In Australia, the Australian Consumer Law (ACL), part of the Competition and Consumer Act 2010 (Cth), regulates unfair contract terms, offering protection against unjust

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