Ensuring your retirement village dream does not become a nightmare
Time Bars and Their Contractual Implications
Effective construction contract management is a strict discipline and requires absolute adherence to the terms of the contract, including any time limits imposed by the contract. Such time limits are called ‘time bars’ and they usually require actions required by the contract to be performed within a certain time-frame. Typically, time bars operate to limit […]
Commercial Project Relationships
In any discussion regarding Workplace Health & Safety, the Swiss Cheese Model of accident causation is often used to demonstrate the risk management principle of layered security against loss or adverse incidents. According to this model, when the holes in the various layers of defence line up, an incident will eventually occur. Similarly, in commercial agreements associated […]
Residential Building Contracts and Delays
Priority Business Lawyers has had an influx in residential building matters where developers or builders are in breach of the contract period. Generally, if a residential building project is delayed and delay mechanisms entitling extension of time are not followed, the contractor or builder will be subject to liquidated damages. This article is written to […]
WHY DO I NEED A SHAREHOLDERS AGREEMENT?
THE PBL KEY 5 TIPS AND TRAPS TO AVOIDING EXPENSIVE SHAREHOLDER DISPUTES. Over the course of more than 20 years practicing business and company law I have been approached on countless occasions by stakeholders asking me the following questions: “I am in a dispute with my partner. What can I do about resolving the dispute? […]
The Australian Hire Industry and PPS Leases
Over recent years the Personal Property Securities Act 2009 (PPSA) has resulted in many hire businesses losing ownership of equipment due to failing to register the equipment correctly under the PPSA which leaves them open to risk when customers become insolvent. This loss is due to hire businesses being unaware of the PPSA, or not […]
Ensuring your retirement village dream does not become a nightmare
The recent ABC Four Corners investigation (watch here)into the retirement village juggernaut, Aveo, has highlighted the need for anyone looking to enter a retirement village contract to obtain legal advice. In New South Wales, while a standard form of contract is required pursuant to the Retirement Villages Act 1999 (NSW), the contracts can differ depending […]
Beware of placing all your Assets at Risk
[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_shadow=”none” width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid”][vc_column_text] Beware of placing all your Assets at Risk as an Employee signing a Statutory Declaration – Contractors and Subcontractors A recent Federal Court case, 470 St Kilda Road Pty Ltd v Robinson [2017] FCA 597 (30 May 2017). […]
Retail landlords and tenants beware! Are you ready for the new retail leasing changes coming?
[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_shadow=”none” width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid”][vc_column_text] As I indicated in our last newsletter there are a number of changes coming to retail leasing on 1 July this year. This month we look at the other important changes coming The 5 other changes relevant to you are: […]
Limiting Lengthy and Expensive Building Disputes
[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_shadow=”none” width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid”][vc_column_text] Adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW) [here after referred to as the SOP Act or the Act] The SOP Act is legislation that was brought about to limit delays with payments […]
