News

Which Owners Corporation Fees are Enforceable: VCAT Lessons

The recent Victorian Civil and Administrative Tribunal (the Tribunal) decision in Owners Corporation No. 1 PS511700W v St Marys Investments Pty Ltd dealt with a dispute over fees charged to a lot owner for services that were provided to a larger development within which the Owners Corporation land was a subdivision. The reasoning of the Tribunal provides insight into which fees charged by an Owners Corporation will be enforceable against Lot Owners. It serves as a reminder that fees are not limited to services relating solely to the land of the Owners Corporation,

Getting paid for work done (Quantum Meruit): the importance of expert evidence

In the recent case of Roude v Helwani [2020] NSWCA 310, the Court of Appeal of New South Wales considered an appeal from a judgment of a Local Court of New South Wales Magistrate regarding a claim for reasonable remuneration for electrical and plumbing work performed (quantum meruit). This case illustrates the complexities that can arise regarding claims for payment, the importance of expert evidence in showing what is fair and reasonable remuneration, and the need for a correct strategy in making a claim.

Intricacies of Oppressive Conduct: JAB Nominees (Aust) Pty Ltd v Auswild

By Alicia Hill, Principal and Harrison Breer, Law Clerk In the recent case of JAB Nominees (Aust) Pty Ltd v Auswild [2020] VSC 731, the Supreme Court of Victoria considered whether, in filing and maintaining a proceeding against the Defendant Shareholders, the Third Party Directors of the corporation had engaged in oppressive conduct. Background After…

Review of Unfair Contract Terms and Upcoming Reform

The unfair contract terms (UCT) regime can be found in the Competition and Consumer Act 2010 (CCA) and was originally brought in to protect consumers in circumstances where there is a large imbalance of power regarding the formulation of contracts. Since 2016 this protection has been extended to small businesses. The regime was slated for further expansion by the Federal Government’s Decision Regulation Impact Statement published on 9 November 2020 following substantial advocacy from the ACCC. It is not yet clear when these changes will be formalised, however the changes and potential impacts will be discussed in this article.