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Leaky walls, shoddy floors and creaky doors: Does the builder have the right to choose the rectification method?

posted 6th March 2017

Residential construction disputes over defective work can be complicated and expensive, especially when they become emotionally charged. Builders generally have the right to rectify defects in their own work, though in residential construction disputes exercising this right can inflame an already tense situation...

Just been served with a court claim? Here's what to do ...

posted 1st March 2017

If you’re in dispute with another person and can’t resolve that dispute, there’s a chance that other person will start litigation to sue you in a tribunal or court. This could happen even if you think the dispute is the other person’s fault, or the claim against you is exaggerated...

Retail leasing in NSW: Long awaited changes are one step closer

posted 27th February 2017

After lengthy industry consultation and discussion, the proposed amendments to the Retail Leases Act 1994 (NSW) (‘RLA’) are now one step closer. The Retail Leases Amendment (Review) Bill 2016 (‘the Bill’) recently passed the Legislative Assembly and Legislative Council without amendment and is now awaiting on Royal Assent...

Stop Government Construction work. Tools down if there's no EA

posted 24th February 2017

Employers that don’t have enterprise agreements which comply with the Code for Tendering and Performance of Building Work 2016 (Tendering Code) will now miss out on federally-funded work, after news laws were passed by the Senate late last night...

Fair Work Commission cuts penalty rates

posted 23rd February 2017

The Fair Work Commission (FWC) has today handed down its much awaited penalty rates decision. The decision was handed down following 39 days of hearing, 143 expert and lay witnesses and 5,900 submissions...

"Horrific Stuff" - Social Media Use and Unfair Dismissal

posted 20th February 2017

Inappropriate social media use by employees can damage productivity, harm workplace cohesion and culture, adversely impact the company’s external reputation, and lead to the publishing of a company’s confidential information. Given the litany of negative effects that unsuitable “Facebooking” can have on a business, it is little wonder that employers may seek to terminate employees who act offensively online regardless of whether the posting happened at home or at work...

Is mortgagee consent to lease just a rubber stamp?

posted 13th February 2017

Landlords will often lease property to a tenant which is subject to a mortgage. Accordingly, as part of the leasing process, landlords are often requesting the consent of the bank to register the lease. However, sometimes obtaining the bank’s consent may not be as straight forward as it seems...

Who is responsible for rats in the roof?

posted 6th February 2017

If a rat is hungry and only has your electrical cables to eat, who do you point the finger at when the lights go out? A recent decision by the ACT Civil and Administrative Tribunal clarified the rights, wrongs and rodents of this question under Territory strata laws...

My customer owes me a debt - get me my money (Part 1)

posted 1st February 2017

It’s an unfortunate fact that in business life, at some stage a customer will owe you money for the goods or services you supplied them. When talking to clients about their instructions to chase a debt, we often find they’re surprised at the number of steps involved and the length of time it could take to see any money ...

ABCC Mark II: So what's new?

posted 23rd January 2017

On 1 December 20016, the Australian Building and Construction Commission (ABCC) (Mark II) was restored as the industrial regulator for the construction industry, achieving in large part a key election promise (and double-dissolution trigger) of the Turnbull Coalition government ...