Building and Property Law Podcasts

“…..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)….”

“….an owner and builder both in breach of a building contract (0.44), costs rulings in both VCAT (2.34) and in a landmark Supreme Court compulsory acquisition case (4.04), and water damage in an apartment complex is decided against an owners corporation (5.49)…..”

“….a claim to modify a single dwelling restrictive covenant is rejected (0.49), the issuing of a proceeding is ruled to be an acceptance of a repudiation of a building contract (2.18), a claim against an owner builder is held not to be out of time (4.18), and a VCAT decision supports late exit from the Retail Leases Act (6.35)…..”

“……the Supreme Court dismisses a claim to further reprimand a building surveyor (0.52), a consultancy arrangement is ruled to be a domestic building contract (2.33), an area of pasture land held to be a “premises” under the Retail Leases Act (3.32) and a $300,000 claim by a subcontractor under the Security of Payments Act succeeds against a builder (4.42)….”

“……changes to the law in off the plan sales (0.41), two successful claims for defective building works (1.30 & 2.37), and a titanic battle for demolition works is decided against a local Council (3.50)…”.