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  • Article

    Workplace bullying vs serious misconduct

    The judgment confirms that bullying conduct must always be assessed against the common law and any applicable legislative and industrial instruments.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    It's all go for FOGO - new Act creates new demands on councils for managing organic waste

    Recently passed legislation now places obligations on councils to help realise that goal.
    AustraliaEnvironment
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Behind the Aisles: ACCC's Report reveals supermarket dominance and legal challenges

    A summary of some of the key findings of the report and the 20 recommendations.
    AustraliaFinance and Banking
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Council contract claims overturned in NSW Court of Appeal

    NSW councils have been reminded of the perils of making contract amendments during the tender process.
    AustraliaGovernment, Public Sector
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    The AI Effect – ensuring good things happen and bad things don't

    A foundational guide on the use of AI is important.
    AustraliaGovernment, Public Sector
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Unallocated funds are now fair go for negligence claims against councils

    Council documentation must show insufficient unallocated funds available to be able to take necessary safety precautions.
    AustraliaGovernment, Public Sector
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Insolvency - unfair preferences and statutory set-off under section 553C

    The creditor of an insolvent company has no statutory right of set-off against a liability to repay an unfair preference.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Section 318 of the Workplace Injury Management and Workers Compensation Act 1998 proves fatal to a slip in the pleadings

    It is imperative that pre-filing statement and defence are properly pleaded based upon what is known at the time.
    AustraliaLitigation, Mediation & Arbitration
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    What to do if you get a subpoena - 5 things you need to know

    A subpoena is a court order that requires the recipient to produce documents, attend court to give evidence, or both.
    AustraliaLitigation, Mediation & Arbitration
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    A claim for disturbance costs based on an agency relationship rejected by the NSW Court of Appeal

    The owner was unable to claim disturbance costs as 'agent', as a separate entity was carrying out operations on the land.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Combustible cladding and the new Design and Building Practitioners Act 2020 (NSW)

    This Act is a significant part of the attempt to reform and restore trust in the NSW building and construction industry.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    COVID-19: Moratorium on evictions under both commercial and residential leases

    What does the moratorium on evictions actually mean? What do we know? What is unclear?
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Has time run out on timeshare resorts?

    This is a checklist of some issues to consider in winding up a time share arrangement to realise the value of each share.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    How Decennial Liability Insurance (DLI) has the potential to change the future of the construction industry in NSW

    DLI provides building owners with insurance protection for a period of 10 years against certain types of defects.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    How principals can effectively manage defects and delays in projects

    The contract is the main source of a principal's rights and will usually include provisions regarding defects and delays.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Key Legislative Changes Over The Past Year For Property Owners, Landlords, Developers, Lawyers And Other Advisers

    The past 12 months have brought significant legislative reform across the property sector, creating new compliance obligations and risk considerations for property owners, landlords, developers, lawyers and other advisers.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    NCAT update: what is a major defect in home building construction in NSW?

    Two recent decisions of the NCAT Appeal Panel examine the definition of a "major defect" and what evidence is required.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    NSW state planning system adapted for a post-COVID economy

    NSW is implementing changes to its planning system designed to inject investment into the economy to keep people in jobs.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Repairs Or Upgrades? Understanding Sections 106 And 108 Of The Strata Schemes Management Act 2015 (NSW)

    In most strata schemes, disputes rarely begin with a question of law. They usually start with a practical issue: a part of the common property in the building is no longer working as it should, concerns are raised and a decision needs to be made about what to do next. Very quickly, however, that practical problem can turn into a legal one.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    When home owners cannot have their cake and eat it too - repetitive defect claims against a builder

    A NSW home owner was not be able to make another claim for defective building works after an initial claim was resolved.
    AustraliaReal Estate and Construction
    Bartier Perry Solicitors
    Bartier Perry Solicitors

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