spectrumlaw

Legal Precedents Shaping the Building Industry

The construction and building sector in Victoria is governed by stringent legal requirements designed to protect homeowners, developers, builders, and contractors. The Victorian Civil and Administrative Tribunal (VCAT) plays a pivotal role in adjudicating disputes in this space, particularly when it comes to contractual compliance, construction defects, and statutory warranties. In early 2025, Sumner v

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Does a Conditional Occupancy Permit Mean You Have Not Achieved Completion?

Business Analysis of Troise v Blue Key Properties Pty Ltd (Building and Property) [2025] VCAT 9 On 2 January 2025, Senior Member Edquist delivered a significant ruling in Troise v Blue Key Properties Pty Ltd, with implications for the construction and property sectors. The case centred on a contractual dispute regarding three two-storey residential units

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Spectrum Speaks – Volume 14

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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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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