Building and constructions claims

21 July, 2017

Building and construction claims arise in a number of practice areas including commercial, litigation, leasing and conveyancing with litigation and conveyancing having the most claims. Lack of experience is one factor which contributed to some of these claims. Several litigation claims arose out of the Building and Construction Industry Security of Payment Act 2002 (Vic) […]

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DBDRV up and running

14 July, 2017

A new body, Domestic Building Dispute Resolution Victoria (DBDRV), replaces Building Advice and Conciliation Victoria commencing from 26 April 2017. It is now mandatory for any party to a domestic building dispute to seek a resolution through DBDRV before applying to the Victorian Civil and Administrative Tribunal (VCAT). Applications to VCAT cannot be made unless […]

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What we’ve got here is failure to communicate

7 July, 2017

Effective communication is a core skill of legal practice and is the only way of ensuring your progress of a matter is aligned with your client’s expectations. LPLC often defends claims against practitioners from dissatisfied clients even though the practitioners did not get any of the legal issues wrong. In one claim, the practitioner acted […]

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Documentation especially important when multiple operators are involved

30 June, 2017

When multiple operators work on a matter firms need to implement measures to ensure all instructions received from the client are properly documented and reviewed. This is particularly important in litigation matters, which are often unfamiliar territory for the client and emotionally-charged. In one claim a firm acted for a business owner who sought damages […]

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Risk management and conditional contracts

23 June, 2017

The Consumer Acts Amendment Act 2017 amends s.31 of the Sale of Land Act 1962 (Vic) to clarify that a cooling off notice may be served on the real estate agent engaged by a vendor to sell the land. This is in addition to serving a notice on the vendor or an agent of the vendor. […]

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