Building & Construction Harwood Andrews Building & Construction Harwood Andrews

Supreme Court hand down game-changing decision regarding application of Domestic Building Contracts Act to residential developers

On 29 April 2015, the Victorian Supreme Court handed down its judgment in Burbank Australia Pty Ltd v Owners Corporation PS 447493 [2015] VSC 160, which concerned an appeal from a decision of the Victorian Civil and Administrative Tribunal, in relation to allegations of defective building works in the common property of the ‘Waterford Towers’ apartment building built by Burbank in the Melbourne suburb of Maribyrnong.

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Not For Profit Harwood Andrews Not For Profit Harwood Andrews

Funding to ACNC to continue until 2019

In budget papers released on 12 May the Federal Government has confirmed funding to the Australian Charities and Not-for-profits Commission (ACNC) will continue until 2019.  However, the charity regulator will see a modest reduction in its funding from $14.8 million in the next financial year to $13.2 million in 2018-19.

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Property Law Harwood Andrews Property Law Harwood Andrews

VCAT opinion restricts recovery by landlords of costs of essential safety measures and repairs and maintenance

On 1 May 2015, the President of the Victorian Civil Administrative Tribunal (VCAT) issued an advisory opinion in response to the Victorian Small Business Commissioner’s request as to whether a landlord of commercial premises can pass on the costs of Essential Safety Measures (ESM) and certain repair and maintenance obligations for retail premises to tenants.  The term ESM covers measures prescribed by building law for safety and fire protection.

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