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
Does a Conditional Occupancy Permit Mean You Have Not Achieved Completion? Read More »
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
Legal Precedents Shaping the Building Industry Read More »
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
Does a Conditional Occupancy Permit Mean You Have Not Achieved Completion? Read More »
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
Reasonable and Necessary Rectification Costs Read More »
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
Building Legislation Amendment (Buyer Protections) Bill 2025 Read More »
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
Building on Mistakes – Structural Defects Read More »
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
Unfair Contract Terms in the Building Industry Read More »
In Victoria, disputes between neighbours over shared boundaries are common and can escalate into complex legal conflicts. Issues involving fences, trees, and land ownership through adverse possession often require legal clarity and guidance. This article provides an overview of the key legal considerations surrounding these disputes. Fencing Disputes Fencing disputes are among the most common
Fencing, Tree, and Adverse Possession Disputes: A Guide for Victorian Property Owners Read More »
When planning a domestic building project, it’s important to understand the legal framework that governs these activities. Homeowners and builders alike can often find the process of managing domestic building contracts confusing, especially when it comes to determining whether a major domestic building contract is necessary—particularly for projects that involve just a single trade. In
Understanding Domestic Building Contracts: Single Trade Works Read More »