Domestic building contracts are usually either a 'fixed price' or a 'cost plus' contract. The difference between these two types of contracts is significant as Litigation Lawyer Nicola Voss explains.
The spraying of herbicides and pesticides is an important part of a farmer’s crop management regime. Getting it wrong can have devastating consequences. Caroline Callagari outlines what to do when spary drift hits your farm.
Once litigation proceedings are instituted, the first appearance in court is most likely to be a “directions hearing”. This article discusses what is involved in a directions hearing and outlines some important factors to consider in the lead up to and on the day of the directions hearing.
Insolvent trading occurs when a company is unable to pays its debts when they fall due. As a director, your duty is to prevent the company from trading whilst insolvent, and to ensure it is solvent prior to incurring additional debt.
Personal Insolvency occurs when a person is unable to pay their debts as and when they fall due. Bankruptcy is the legal process that follows. Litigation Lawyer Nicola Voss outlines some of the consequences of being declared bankrupt.
Hold that thought! Litigation Lawyer Nicola Voss reviews the new Defamation laws following the High Court’s decision in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27.
The Building and Construction Industry Security of Payment Act 2002 (Vic) 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.
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.
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.
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.
