Thought Leadership
These types of disputes are often disruptive and financially damaging to the business and can be costly for the directors and shareholders to resolve, especially when there is no Shareholders’ Agreement in place.
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Can a Builder Increase a Fixed Price Contract Due to Rising Material Costs?
Builders are being squeezed by rising material and labour costs. Fixed‑price contracts make this even harder. This article explains how rise and fall clauses work, when they help, and the risks if they are not drafted well.
NCAT Building Disputes: 5 Common Misconceptions Explained by Home Building Dispute Lawyers
There are a number of misconceptions about how home building claims are dealt with by the New South Wales Civil and Administrative Tribunal (NCAT).
The Danger of Ignoring Your Inbox: Payment Claims and the Security of Payment Act
Under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act), strict deadlines apply to the service of payment claims and payment schedules. A recent Court of Appeal decision has confirmed that even an email address used informally in project communications may be used to validly serve payment claims under the Act.
New Fuel Cost Recovery Order: What Every Business in Australia’s Transport Supply Chain Must Do Now
A new legally binding Fair Work Commission order now requires businesses across road transport supply chains to pass on fuel cost increases – fortnightly. If your contracts don’t already have a mechanism for this, you need to act now.
Structuring Parent–Child Loans for Real Recovery in Family Law Property Division
For advisers involved in structuring intergenerational funding arrangements, a recurring question is whether a parent–child “loan” will be recognised and recoverable if the child later becomes involved in a family law property dispute.
Case Review: The Importance of Formal Agreements Between Related Parties for Tax Liability
In S.N.A Group Pty Ltd v Commissioner of Taxation, the Full Federal Court affirmed the need for formal written agreements between related parties. In allowing their formal agreement to expire, the respondents were liable to pay income tax on otherwise deductable expenses, administrative penalties, and the Commissioner’s cost of the appeal.
Family Business Disputes: Common Causes, Key Cases and How to Prevent Them
Family business disputes are often more complex than standard commercial disagreements due to personal history, emotion and unclear structures. This article outlines the common causes of disputes in family businesses and examines two significant recent cases.
Professional Negligence: When Are Solicitors Protected in Court Matters?
Professional negligence claims against solicitors can be complex, particularly where advocates’ immunity may arise.
Unhappy with a Home Building Decision at NCAT? Your Appeal Options
This article deals with some of the most frequently asked questions concerning NCAT home building appeals.
New Fixed Term Contract Information Statement 2025: What Employers Need to Know
The Fair Work Ombudsman has released a new Fixed Term Contract Information Statement (FTCIS) that must be provided to all employees engaged on fixed term contracts. This new requirement follows recent changes to the additional fixed term contract exceptions.
Case Review: Lesson for Builders re Security of Payment Act NSW – How Late night emails, lost millions
This case underscores the importance of procedural discipline around payment claims issued under the Building and Construction Industry Security of Payment Act 1999 (NSW) (Act).
How to resolve Shareholder Disputes and Director Disputes?
These types of disputes are often disruptive and financially damaging to the business and can be costly for the directors and shareholders to resolve, especially when there is no Shareholders’ Agreement in place.
