Warning for lawyers dealing with Security of Payment Act claims

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The 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). 

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Penalty clauses: when is a provision a penalty and thus void?

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The Victorian Court of Appeal has summarised the law of penalties in Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd [2017] VSCA 161 (23 June 2017) per Maxwell P, Kyrou JA and Cameron AJA. 

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