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.
…..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)…..
“…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)….”
“…..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).…”
“…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)….”
“…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)…”
“…..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)…”
“…..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)….”
“…..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)…”.
“…..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)….”
“…..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)….”