We are pleased to share that our Doug Solomon has once again been recognised by Best Lawyers and, together with the firm Solomon Brothers, included in the 2024 edition of The Best Lawyers in Australia™ for Real Property Law, with a specific focus on Property Development. We are extremely proud of Doug, who is known for his passion and dedication towards supporting his clients on an international, national, governmental, and local level. The peer-reviewed accolade also stands as a testament to Doug’s continued recognition throughout the legal industry, and we are grateful to have him on our team.
Unfortunately, building and defects go hand in hand. Whether you are the owner of the building built or a subsequent purchaser – you will face defects. So how do you deal with them, what are your options and what are the barriers to recovery?
In this article, we explain what a statutory demand is, the legal consequences of receiving one, and how you can respond to one to receive the best outcome for your company.
Over the last 12 months, there have been numerous reports of a skills shortage in the Western Australian building and construction industry – in both blue and white-collar sectors. While the current boom is nowhere near that of 2012, there are a number of factors making it more difficult to top up the Western Australian building and construction industry from outside sources.
At the heart of the appeal was the question of whether an estoppel would operate to prevent a party, which directed additional works outside the express contractual variation regime, from bringing those works back within the contractual variation regime and then using the time bar provisions of that regime to bar the claim.
Acknowledging small business, including the retail sector, have been hard-hit during the COVID-19 pandemic, changes to commercial tenancy laws in WA are providing some relief through what is defined as this “emergency period”. Solomon Brothers partner, Chris Williams, provides a summary of these legislative changes and their impact on both landlords and tenants.
While the usual caveats that apply to the impact of decisions refusing to grant summary judgment apply to NRW Contracting Pty Ltd v Cliffs Asia Pacific Iron Ore Pty Ltd [2020] WASCA 2020, there are at least important take-aways from the decision. The fact that it is a Court of Appeal decision also makes it worthy of note.
On 13 August 2019, the Federal Court of Australia handed down its judgment in Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244 (“the Liability Trial”).