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Article

Macpherson Kelley | Australia | 7 Jan 2020

Is your time up? Builders and building contractors need to check they're insured for defect claims

Time limitations for property owners in Victoria suing for defective building work can vary depending on whether a certificate of occupancy or a

Article

Maddocks | Australia | 12 Dec 2019

The Retail Leases Amendment Bill 2019 - ESMs, rent reviews and cooling off

Since the issue of VCAT’s advisory opinion in May 2015 (Opinion), the retail leasing sector has been grappling with uncertainty about a landlord’s

Article

Holding Redlich | Australia | 10 Dec 2019

Tribunal rules retail landlords cannot claw back fit-out costs from defaulting tenants

A recent decision of the Victorian Civil and Administrative Tribunal (VCAT) has clarified the legal position in Victoria with respect to a landlord’s

Article

Russell Kennedy | Australia | 26 Nov 2019

Retail Leases: Richmond Football Club take out the win, this time in the Supreme Court

The Supreme Court of Victoria (Supreme Court) in Richmond Football Club Ltd v Verraty Pty Ltd 2019 VSC 597 overturned an earlier decision of the

Article

Herbert Smith Freehills LLP | Australia | 14 Nov 2019

Recent VCAT refusals for three of five solar projects

The Victorian Civil and Administrative Tribunal (VCAT) has provided insights into relevant considerations for proposed solar farms in three recent

Article

Clayton Utz | Australia | 31 Oct 2019

Quantum meruit and repudiation: not the bonanza it once was

A builder's entitlement to recover on a quantum meruit basis (essentially, "amount deserved") following acceptance of an owner's repudiation of a

Article

Corrs Chambers Westgarth | Australia | 18 Oct 2019

High Court clarifies availability of quantum meruit following repudiation of a building contract

The High Court’s recent decision in Mann v Paterson Constructions Pty Ltd 2019 HCA 32 (Mann v Paterson) has brought clarity to an area that has

Article

CMS Cameron McKenna Nabarro Olswang LLP | New Zealand, Australia, Singapore, etc. | 11 Oct 2019

Quantum meruit claims after termination: a changing of the tide?

A decision of the Hight Court of Australia earlier this week has held that restitutionary claims on a quantum meruit (i.e. Reasonable price) basis by

Article

Herbert Smith Freehills LLP | Australia | 10 Oct 2019

Order restored: High Court clarifies quantum meruit

After over a decade of uncertainty, the High Court yesterday reined in the use of the quantum meruit remedy. A majority of the Court found that

Article

Mills Oakley | Australia | 1 Aug 2019

Shelf life of a planning permit: the effect of changing market forces

The Windsor Hotel and One Queensbridge, both of which have featured in the media recently in relation to extending time on their respective planning

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