Building and Construction Industry Security of Payment Act (Vic)

Litigation [Courts & Tribunals]

The Building and Construction Industry Security of Payment Act 2002 (Vic) (‘the Act’) is designed to streamline procedures within the construction and building industry by ensuring that any person who carries out work under a contract receives payment. The process is an efficient and cost-effective one, without the need for time-consuming and costly litigation. It gives statutory rights for on-going payment for any person who carries out work under a construction industry contract.

I owe someone money - how can I negotiate a settlement for a debt recovery matter?

Litigation [Courts & Tribunals]

If a creditor believes you owe money and you have not paid, chances are the creditor will want to recover the money and, in doing so, may serve you with a letter of demand or a court complaint. The biggest mistake you can make is to ignore it! Here are some effective tips on how to negotiate a settlement.

Directors liability for breach of contract

Litigation [Courts & Tribunals]

Generally, if a contract is entered into by a company and that company has breached the contract, then only the company will be liable and not its directors. Directors are not generally liable, because the company is regarded as a separate legal entity or ‘person’, distinct from its directors and members. The protection of directors against liability is commonly referred to as the ‘corporate veil’, as courts do not generally look behind the ‘veil’ to ascertain who is liable.

A Guide to Bankruptcy Proceedings

Litigation [Courts & Tribunals]

Bankruptcy is a process where a person (‘debtor’) who cannot afford to pay their debts, gives up their assets and control of their finances, either voluntarily or by court order, in exchange for protection from legal action by their creditors who are pursuing payment.

The benefits of having your building contract reviewed

Litigation [Courts & Tribunals]

Litigation is generally costly, time-consuming and stressful, with no absolute certainty as to the outcome. In order to minimise the likelihood of being involved in a dispute, it pays to have your building contract reviewed, whether you are an owner, developer, builder or sub-contractor.

DBDRV time limitation period

Litigation [Courts & Tribunals]

Parties to domestic building work disputes are required to obtain a certificate of conciliation from the DBDRV prior to issuing proceedings in VCAT or a court. However, Section 134 of the Building Act 1993 (Vic) (‘the Building Act’) limits the time for building actions be brought to 10 years from the date of the occupancy permit, or, where no such permit has been issued, 10 years from the date of the certificate of final inspection.

What is Voluntary Liquidation?

Litigation [Courts & Tribunals]

Liquidation is the process of winding up and finalising a company’s affairs. The most common type of insolvent liquidation is a creditors’ voluntary liquidation. This is because it relatively straight-forward, inexpensive and initiated by the directors and shareholders, usually by way of a creditors vote for liquidation following voluntary administration, a terminated deed of company arrangement, or an insolvent company's shareholders resolve to liquidate the company and appoint a liquidator.

What is the process to apply to the DBDRV?

Litigation [Courts & Tribunals]

If you are a party to a domestic building work dispute,you can refer the dispute to the Domestic Building Dispute Resolution Victoria ('DBDRV') by filling out an online application form. A conciliation officer will then make an initial assessment to determine whether the dispute fits the preliminary requirements necessary for it to be accepted by the DBDRV.

Court orders and judgment

Litigation [Courts & Tribunals]

A Court order or judgment can be obtained against individuals, corporations or other legal entities through a number of avenues, such as defended legal proceedings.

What is Receivership?

Litigation [Courts & Tribunals]

Receivership is a legal process in which a suitably qualified person, the receiver, acts as a custodian to safeguard a company’s assets should the company find itself in financial difficulty. Receivership occurs when one or more of the company’s secured creditors, who holds security over some or all of the company’s assets, appoints a receiver to take control over those company’s assets. There is no requirement for a court to approve the appointment of a receiver, however, in special circumstances, a court may do so.

Can I legally be charged a cancellation fee for a service?

Litigation [Courts & Tribunals]

Generally speaking, agreeing to pay for a service (whether it be via booking an appointment or booking a service such as a hotel room) equates to entering into a verbal contract. As with any contract, these agreements come with terms and conditions to which you are bound, including any cancellation policy. Click here for more information.

Practical pointers for resolving commercial disputes during COVID-19

Litigation [Courts & Tribunals]

COVID-19

We provide a few practical steps that can be taken when attempting to resolve commercial disputes during the COVID-19 pandemic period. These disputes may stem from businesses becoming unable or unwilling to meet their contractual obligations or adjust to the disruption which may have come about though lockdown periods, business closures, reductions in staffing, cancellations of events and travel restrictions.