NSW Parliament Introduces a Statutory Duty of Care for Residential Building Work

In Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 (2014) 313 ALR 408, the High Court found that a builder did not owe a common law duty of care to the developer of residential apartment buildings or its successors in title (including an owners corporation) for economic loss caused by defective work. The High […]

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The Residential Apartment Buildings Act: 5 Things You Need to Know

Recent reports of structural defects in high-rise apartments including the Opal tower and Mascot tower have undermined public confidence in the quality of construction work carried out in New South Wales. It has also raised questions as to avenues open to property owners to seek redress for defective work and the enforcement powers available to […]

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COVID-19 | Electronic deeds valid in Queensland

What are the changes? Under Queensland law, prior to 22 May 2020, a deed was required to be in paper, signed under seal and in the case of an individual their signature was required to be witnessed. These requirements have been modified from 22 May 2020 until 31 December 2020 for all forms of deed […]

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COVID-19 | Executing Documents Electronically and Serving under the Security of Payment Act

The Australian construction and property industry is experiencing unprecedented uncertainty in respect of COVID-19. Practical challenges arise in relation to executing, lodging and serving documents by traditional means. Executing and lodging formal documents electronically The Australian states and territories have dealt with electronic signature and electronic lodgement differently. A summary of the electronic signing of […]

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COVID-19 | 2020 The Year of COVID, or Year of the Pivot?

The COVID-19 pandemic has affected society and business more than any event in recent history.  It has not spared any industry or sector, creating immense opportunity for a lucky few and decimating many others. In response, Gadens have seen businesses pivot, whether by expanding their service offering, changing their method of delivery or reallocating their […]

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COVID-19 | Victorian regulations provide much needed guidance on rent relief obligations for Victorian landlords and tenants during the COVID-19 pandemic

The long awaited COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (Regulations) have now been released, giving effect to the National Cabinet Mandatory Code of Conduct and some much needed guidance for Victorian landlords and tenants. The Regulations apply to “eligible leases” for the “relevant period”, from 29 March 2020 until 29 September […]

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COVID-19 | Managing infrastructure charges and currency periods

Gadens understands the immediate and multi-faceted pressures placed on companies dealing with the fall out of the COVID-19 pandemic.  In these troubling circumstances, Gadens are sharing, across a variety of practice areas, some of our thoughts on practical measures which can be taken to relieve some of the pressure.  Our Planning and Environment Team has […]

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Continuing Professional Development – 31 March 2020 | Representations, warranties and indemnities and their relevance for contracting

Below you will find the recording from our recent Continuing Professional Development morning, hosted via webinar on Tuesday, 31 March 2020. If you have any queries regarding the session topic, or related issues, please do not hesitate to get in touch with the presenter or our wider team. Representations, warranties and indemnities and their relevance […]

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PI policy carve outs for cladding – new MO effective 15 February 2020

Effective from 15 February 2020, the Victorian State Government has extended the permitted exclusions in ‘claims made’ professional indemnity policies relating to external wall cladding products to apply to all relevant industry professionals.   Section 135 of the Building Act 1993 (Vic) allows the Minister for Planning to publish Ministerial Orders in the Government Gazette requiring […]

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Non-compliant cladding extends to ‘Biowood’ composite cladding used as an external attachment

The Owners Strata Plan No 92888 v Taylor Constructions Group Pty Ltd and Frasers Putney Pty Ltd [2019] NSWCAT [15 November 2019, Senior Member Boyce] (Taylor Constructions) The first decision in NSW involving combustible cladding has been handed down by the NSW Civil and Administrative Tribunal. Whilst most of the attention in recent times has […]

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Victorian Government issues funding guidelines for the combustible cladding ‘rescue package’

On 19 December 2019, Cladding Safety Victoria (CSV) issued guidelines on the Victorian Government’s cladding rectification funding program (Program) for the rectification of combustible cladding of residential apartment buildings (Guidelines). Importantly, the Guidelines set out which owners are eligible for the funding, namely that you must be an owners corporation responsible for a residential building […]

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Victoria to introduce offence of Industrial Manslaughter: What does it mean for employers?

The Victorian Parliament recently passed the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill 2019 (Bill), to introduce a new offence of ‘industrial manslaughter’ under section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act). The Bill comes just months after the national “Review of the model WHS laws: Final report” […]

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