ARTICLES

NEIGHBOURHOOD DISPUTES – DIVIDING FENCES A dividing fence is fence that separates the land of adjoining land owners. Such fences are regulated by the Dividing Fences Act 1991 (NSW) (Act) which also covers who is responsible for the cost of fencing works that are to take place. Under the Act, fencing work includes the following: a. The design, construction, replacement, [...]

What is an encroachment? An encroachment is where a part of someone else property overhangs or enters into your property. Examples of encroachments can include tree branches overhanging on your property, overhanging air conditioners, neighbouring fences and retaining walls entering your land and buildings that have been built on neighbouring properties, among others. However this article will focus primarily on [...]

The Home Building Amendment Act 2014 comprised of various amendments to the Home Building Act 1989. These changes commenced on 15 January 2015. There is no longer a distinction between structural and non-structural defects. There is now the two different categories of general defects and major defects. Under the Act, major defects will attract a six year warranty period and [...]

It is common for disputes to take place when you are in the process of building or renovating your home. These disputes may be minor or major. Major disputes often require the intervention of specialised building disputes lawyers in order for a resolution to be reached. Often the cause of these disputes are building defects however, they may be disputes [...]

In most Australian states there is a dedicated Act of Parliament that regulates all domestic building contracts. In New South Wales the Act is the Home Building Act 1989 (NSW). Further, these Acts generally refer the resolution of any building disputes to the relevant tribunal in that state. In New South Wales, most disputes with builders are resolved through the [...]

CTI Lawyers Alert – Building and Construction Industry Security of Payment Amendment On 1 May 2015, the Building and Construction Industry Security of Payment Amendment (Retention Money Trust Account) Regulation 2015 (“the Amendment Regulation) will take effect. This is available on the NSW Government’s legislation website (www.legislation.nsw.gov.au). Click here for a copy of the Draft Building and Construction Industry Security [...]

In New South Wales, a “ground-breaking” cash retention trust scheme will be established to ensure construction companies are prevented from using cash retention monies for purposes other than rectifying defects in the contract defects liability period. The scheme will particularly protect subcontractors in the industry from collapsing construction companies and the infamous “phoenix companies” who would in most cases, use [...]

Statutory Demand Fact Sheet – CTI Lawyers What is a Statutory Demand? This is an initiating process in Winding up a Company. A Statutory Demand is a demand made under 459E of the Corporations Act 2001 (Cth). This document is not issued by the Court. A Statutory Demand requires that the Company pay a specified sum of money within 21 [...]

High Court says dismissal for waving offensive sign during union protest was not unlawful adverse action – CTI Lawyers In a 3-2 majority, the High Court on 16 October determined that a long serving employee of BHP Coal who was a member of the CFMEU was not dismissed for participating in a lawful protest organised by the Union. The Fair [...]

No Implied Term of Mutual Trust and Confidence in Employment Contracts – CTI Lawyers In a keenly anticipated decision, the High Court has declared that, unlike the case in the UK, Australian employment contracts do not contain an implied term of mutual trust and confidence (the Implied Term). […]