Uncategorized

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 […]

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

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

Legal Precedents Shaping the Building Industry Read More »

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

Understanding Domestic Violence Read More »

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

Understanding the Changes to the Capital Gains Withholding Regime Read More »

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

Building on Mistakes – Structural Defects Read More »

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

Spectrum Speaks – Volume 13 Read More »

Case Study: Termination of a Domestic Building Contract

The Victorian Civil and Administrative Tribunal (VCAT) case of Mikhali v Soliman (Building and Property) [2024] VCAT 616 focuses on the entitlements of parties following the termination of a domestic building contract under section 41 of the Domestic Building Contracts Act 1995 (Vic) (‘the Act’). This case determines what is owed and to whom under

Case Study: Termination of a Domestic Building Contract Read More »

Contractual Disputes: Lessons for Builders

In a recent case at the Victorian Civil and Administrative Tribunal (VCAT), Barbican Construction Group Pty Ltd (Barbican), a respected construction firm in Victoria, faced a significant dispute with homeowners Ian McColl and Xun (Monica) Qing over a residential extension project. Here’s a breakdown of the case and key takeaways for builders. Background and Contractual

Contractual Disputes: Lessons for Builders Read More »

Scroll to Top