What must an affividat in support of an application to set aside a statutory demand include? The Victorian Court of Appeal in Sceam Constructions Pty Ltd v Clyne [2021] VSCA 270 has recently clarified the language around the ‘supporting affidavit’ to be filed within 21 days, and provided helpful reminders of what they should contain.
Read MoreIn the recent Supreme Court case of Ian Street Developer Pty Ltd v Arrow International Pty Ltd [2018] VSC 14, the Court has paved the way for builders and contractors to recover payments from developers who may only have one development in progress.
Read MoreThe Legal Practitioners Liability Committee has published a warning on its website for legal practitioners who may fail to follow the very strict requirements set out in the Building and Construction Industry Security of Payment Act 2002 (Vic).
Read MoreBarristers are asked all the time whether an informal agreement is binding. By informal agreement, I mean a consensus of sorts arrived at between parties which is not recorded in any elaborate formal document.
Informal agreements may be made by:
1) Oral agreement;
2) The exchange of correspondence;
3) Heads of agreement; or
4) A memorandum of understanding.
Following the making of an informal agreement, parties often continue to negotiate in the expectation that they will be able to incorporate further terms – yet to be agreed – in the formal document.
In the event that the formal document is not executed, a question arises: Is the agreement legally binding and enforcible? It’s a deceptively simple question but not always easy to answer.
Read MoreAre you a solicitor acting for a contractor or sub-contractor owed outstanding progress payments for works pursuant to a construction contract (within the meaning of the Domestic Building Contracts Act)?
If so, a Payment Claim under the BCISP Act (“Act”) may be a relatively speedy way to recover this sum for your client.
Read More