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Directions to rectify defective domestic building work – part 3
Uncover the ruling of the Queensland Civil and Administrative Tribunal in O’Donnell t/as Ronin Built v Queensland Building and Construction Commission [2020] QCAT 293 and learn how money owing to a builder affects defect rectification. Find out more in this article.
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What is a registered design – Australian law
Learn more about registering a design in Australia and the legal rights associated with it. Understand the criteria for successful registration, the legal owner of the design, and infringement proceedings.
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The tort of passing off explained
The tort of “passing off” occurs where one trader (Defendant) has wrongly represented that its goods or services are related to those of another (Plaintiff) by imitating the latter’s “get-up”, or look and feel of their product or service.[1] A passing off action is designed to provide a remedy when this situation results in damage to the Plaintiff’s business reputation. It is usually pleaded as an alternative cause of action to misleading and deceptive conduct pursuant to the…
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Changes to monetary threshold for consumer contracts
Businesses have consumer guarantee protections to consider, with the threshold for contracts subject to Australian Consumer Law increasing from $40,000 to $100,000. Find out what changes you need to make to stay compliant with the law, as of 1 July 2021.
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Directions to rectify defective domestic building work – part 2
This article provides an overview of the Queensland Building and Construction Commission (QBCC) and Home Warranty Insurance schemes, and the obligations domestic building work consumers must be aware of to enforce their legal rights. It also examines the case of Davis & Ors v Queensland Building and Construction Commission [2020] QCAT 189, offering practical advice…
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What exactly is defective building work?
Queensland Building and Construction Commission (QBCC) can issue notice to rectify defective domestic building work. Understand differences between ‘tier 1’ work, structural/non-structural and standards/tolerances guide. Get advice from Dundas Lawyers.
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Can legal privilege be lost through cloud storage?
This article explores the implications of storing documents online for legal professional privilege. Learn more about the potential consequences of using cloud-based document hosting applications and sharing documents with non-legal parties.
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Subpoenas to produce documents – Federal Court
This article provides an overview of the Competition and Consumer Act 2010 (Cth) (CCA) and Australian Consumer Law (ACL), which regulate the interaction between businesses and consumers in Australia. It explains how the CCA applies to any particular transaction.
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Just and equitable winding up – shareholder oppression
Discontinuing proceedings in the Federal Court of Australia can be costly, as the default position is that the discontinuing party pays the other party’s costs. However, the Court has discretion to award costs and may consider the parties’ conduct and reasons for discontinuance.
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