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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.
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Ending a domestic building contract
Ending a domestic building contract can be complicated. Discover the requirements for a home warranty insurance claim and the implications of the Harper Property Builders Pty Ltd v Queensland Building and Construction Commission [2018] QCATA 70. Find out how to navigate a building contract “divorce” with good faith.
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Think twice before claiming delay due to COVID-19
In response to COVID-19, the Federal Court of Australia has adopted virtual proceedings and is reluctant to grant stays or adjournments. Read this article to learn more about the Court’s view and the pros and cons of virtual trials.
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Evidence from the Wayback Machine accepted
Australian Courts are increasingly considering the use of evidence from the Wayback Machine, but questions remain as to whether they will accept such reports in practice and what will be allowed?
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Arbitration clauses in building disputes
The QCAT decision of 4D Electrical Qld v Greyburn Pty Ltd [2020] QCAT 74 shows arbitration can be a more efficient alternative to Court/tribunal litigation. Courts uphold contractual obligations agreed to by parties, proving arbitration is a viable option.
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Particulars – their importance in civil litigation
This article provides an overview of the Federal Court’s rules and procedures for preliminary discovery, which allows potential applicants to determine if there is a good cause of action before filing a claim. Learn how to navigate the process and understand the Court’s expectations.
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COVID-19 relief measures for companies
The Federal Government has passed a package of temporary measures to support businesses and relieve financial distress during the COVID-19 pandemic. Find out how these measures could affect your business and what you need to know.
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$750k awarded for fake online reviews
The Supreme Court of South Australia awarded $A750,000 in damages to a lawyer in the case of Cheng v Lok [2020] SASC 14, demonstrating the serious consequences of posting fake reviews online. Find out more about the implications of this case and alternative legal actions for companies that receive negative reviews.
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Standing down employees – when can it be done?
This article provides an overview of the legal framework around standing down employees without pay. It examines the Fair Work Act 2009 (Cth) and relevant case law, and emphasises the importance of consulting with employees and exploring alternative arrangements.
