spectrumlaw

A mandatory stay of proceedings to be heard in VCAT

Case study – Impresa Construction v Oxford Building [2021] VCC 1146 In the recent decision of Impresa Construction v Oxford Building [2021] VCC 1146, the County Court of Victoria considered whether a stay of proceedings pursuant to s57 of the Domestic Building Contracts Act 1995 (Vic) (‘the Act’) can be heard by VCAT and the …

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Service of documents – what you need to know

Service of Documents Service is the term to describe the giving of legal documents by one person to another. We may live in a digital world, but sometimes old-fashioned service of documents is still required, so it’s important you’re aware of your obligations. Due to COVID, there have been some exceptions made to the way we can …

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Case Study – Algebra Tip Pty Ltd v D&M Group (Vic) Pty

This month we successfully represented our client in an interesting matter about whether a ‘rooming house’ is domestic building works within the meaning of the Domestic Building Contracts Act 1995 (DBCA). For this case, we needed to carefully consider the zoning of where the property was built, the purpose of the permit, whether the works …

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Building works are practically complete, so what’s next?

Nothing is more satisfying than seeing Building Works coming together as a project nears practical completion. Sometimes though, Builders prematurely issue the final invoice and attempt to arrange handover with the Owner. By doing so, and most of the time without knowing, they have not followed the Contract and taken the necessary steps required after …

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