Building and Property Law Podcasts2019-11-13T14:15:41+11:00

Welcome to Pointon Partners Building and Property Law Podcasts

We periodically circulate short-form podcasts to keep our listeners up to date with developments in building and property law.

Podcast #14 – 17 December 2019

…..legislation for the subrogation of rights for cladding rectification (0.48), VCAT rules against a builder seeking a final payment claim (3.01), the County Court decides in favour of a subcontractor under the Security of Payment Act (4.48), a landlord reasonably withholds consent to an assignment of lease (7.28)…..

and our new feature: what these cases mean to industry from a risk management perspective (10.02)…..

By |December 17th, 2019|Categories: Podcast|

Podcast #13 – 8 November 2019

“…a builder’s claim for an injunction to prevent disciplinary action for combustible cladding fails (0.46), an owners corporation is prevented from levying fees to recoup a payout to apartment owners (4.04), and VCAT sets aside two rental determinations in as many days (5.20 & 8.48)….”

By |November 8th, 2019|Categories: Podcast|

Podcast #12 – 25 October 2019

“…..an application to remove a caveat in a development dispute succeeds (0.51), two apartment owners are exempted from a requirement to carry domestic building insurance (4.13), commencing a claim in DBDRV is held not to be the commencement of a building action for the purposes of a limitation period (8.21), and a claim for unconscionable conduct against a landlord under the Retail Leases Act fails (11.36).…”

By |October 25th, 2019|Categories: Podcast|

Podcast #11 – 15 October 2019

“…a restrictive covenant is modified by the Supreme Court (0.44), the High Court overrules VCAT and the Supreme Court on owner requested variations (4.09), a bankrupt unsuccessfully maintains a caveat (7.08), and a purchaser of land is held to be in default (9.28)….”

By |October 15th, 2019|Categories: Podcast|

Podcast #10 – 2 October 2019

“…an determination under the Security of Payment Act is set aside (0.47), the Supreme Court overrules VCAT in relation to late exit from the Retail Leases Act (2.52), a settlement offer providing for mutual releases complies with s. 112 of the VCAT Act (5.00), and VCAT decides against tenant in a claim for unconscionable conduct under the Retail Leases Act (7.34)…”

By |October 2nd, 2019|Categories: Podcast|

Podcast #9 – 26 September 2019

“…..a multi-million dollar developer claim is rejected by the Court of Appeal (0.42), a  successful application to remove a caveat (3.48), an adjudication review under the Security of Payments Act fails (5.43), and guarantors under a retail lease are held liable (8.40)…”

By |September 26th, 2019|Categories: Podcast|

Podcast #8 – 16 September 2019

“…..further changes to the environment protection legislation (0.43), an eleventh hour attempt to prevent a mortgagee’s auction is unsuccessful (2.12), an encroachment affecting a contract for sale of land is decided against a purchaser (4.42), and a local Council successfully declares a corridor of land between neighbouring properties to be a road (7.11)….”

By |September 16th, 2019|Categories: Podcast|

Podcast #7 – 3 September 2019

“…..a fiduciary claim for an account of profits is dismissed (0.42), a builder is held liable to a successor in title for defective works (3.21), a claim for water damage by an apartment owner is dismissed (5.17), and new legislation to promote best practice for engineers (6.35)…”.

By |September 3rd, 2019|Categories: Podcast|

Podcast #6 – 27 August 2019

“…..indemnity costs granted in a compulsory acquisition case (0.43), a purchaser of two apartments validly rescinds a contract of sale (2.10), and VCAT and the Supreme Court both decide cases on the measure of damages for defective building works (3.55 & 6.17)….”

By |August 27th, 2019|Categories: Podcast|

Podcast #5 – 14 August 2019

“…..a building practitioner’s challenge for registration is taken to the High Court (0.48), a landlord unreasonably withholds consent to a sublease (2.44), VCAT rules against the enforcement of an alternative dispute resolution clause (4.52), and a 12 day hearing in the Supreme Court ends in an award of nominal damages (6.43)….”

By |August 14th, 2019|Categories: Podcast|