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QBCC Home Warranty Insurance – claim exclusions
The Queensland Building and Construction Commission Act 1991 (QBCC Act) has been updated to offer more protection to consumers of residential construction work. Find out what this means for you and how it could affect your coverage in the case of defective or incomplete work.
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How courts interpret release clauses in settlements
This case study shows why it’s essential for lawyers to be careful when drafting settlement agreements. Learn what happened when a release clause was not interpreted in accordance with the client’s instructions and why caution is needed to ensure a client’s wishes are fully reflected.
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QBCC Home Warranty Insurance Claims – part 3
Unsure of the coverage of the Queensland Building and Construction Commission (QBCC) Home Warranty Insurance scheme? Learn more in this comprehensive article by Dundas Lawyers, which outlines the requirements, exclusions, and mitigation measures of the statutory insurance scheme designed to provide basic assistance to consumers of residential construction work.
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Division 7A ITTA 1936 (Cth) – compliance & consequences
This article provides an overview of Division 7 of the Income Tax Assessment Act 1936 (Cth), covering advances of moneys and loans between private companies and its shareholders/associates, exceptions to these, and requirements for a compliant Division 7A loan agreement. The implications of failing to have a compliant agreement are explained in this article.
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What exactly is a section 293 direction?
There are several reasons why a shareholder may require financial information, primarily they are denied access to the ‘accounts’ so as to make informed decision about the company. The Corporations Act 2001 (Cth) (Act) provides various mechanisms for shareholders to obtain financial and accounting information about a company, to allow them to access full and…
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Director’s misuse of funds held to be oppressive
This article explores shareholder oppression, examining Section 232 of the Corporations Act 2001 (Cth) and Martin v Australian Squash Club Pty Ltd (1996) 14 ACLC 452, to understand the cumulative effect of individual acts.
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Electronic document execution by directors
The Federal Government has issued a ruling allowing companies to sign documents electronically until 6 November 2020. Find out more about how this ruling affects your business.
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Assigning intellectual property and the right to sue
This case examines Re Taypar Pty Ltd v Benko Santic [1989] FCA 543, which determined that an assignee of intellectual property rights cannot sue for pre-assignment infringements, unless the assignment explicitly assigns a right to do so.
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Overview of negligence claims in domestic building disputes
A domestic building contract gone wrong: Cerda v Jacob [2020] QCATA 57 highlights the difficulties homeowners face when contracts don’t comply with the Queensland Building and Construction Commission Act (Qld) 1991, leading to issues with enforcing the contract and asserting rights to quality works or remedy defective construction.
