ArticleWorkplace bullying vs serious misconductThe judgment confirms that bullying conduct must always be assessed against the common law and any applicable legislative and industrial instruments.AustraliaEmployment and HRBartier Perry Solicitors
ArticleIt'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.AustraliaEnvironmentBartier Perry Solicitors
ArticleBehind the Aisles: ACCC's Report reveals supermarket dominance and legal challengesA summary of some of the key findings of the report and the 20 recommendations.AustraliaFinance and BankingBartier Perry Solicitors
ArticleCouncil contract claims overturned in NSW Court of AppealNSW councils have been reminded of the perils of making contract amendments during the tender process.AustraliaGovernment, Public SectorBartier Perry Solicitors
ArticleThe AI Effect – ensuring good things happen and bad things don'tA foundational guide on the use of AI is important.AustraliaGovernment, Public SectorBartier Perry Solicitors
ArticleUnallocated funds are now fair go for negligence claims against councilsCouncil documentation must show insufficient unallocated funds available to be able to take necessary safety precautions.AustraliaGovernment, Public SectorBartier Perry Solicitors
ArticleInsolvency - unfair preferences and statutory set-off under section 553CThe creditor of an insolvent company has no statutory right of set-off against a liability to repay an unfair preference.AustraliaInsolvency/Bankruptcy/Re-StructuringBartier Perry Solicitors
ArticleSection 318 of the Workplace Injury Management and Workers Compensation Act 1998 proves fatal to a slip in the pleadingsIt is imperative that pre-filing statement and defence are properly pleaded based upon what is known at the time.AustraliaLitigation, Mediation & ArbitrationBartier Perry Solicitors
ArticleWhat to do if you get a subpoena - 5 things you need to knowA subpoena is a court order that requires the recipient to produce documents, attend court to give evidence, or both.AustraliaLitigation, Mediation & ArbitrationBartier Perry Solicitors
ArticleA claim for disturbance costs based on an agency relationship rejected by the NSW Court of AppealThe owner was unable to claim disturbance costs as 'agent', as a separate entity was carrying out operations on the land.AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleCombustible 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 ConstructionBartier Perry Solicitors
ArticleCOVID-19: Moratorium on evictions under both commercial and residential leasesWhat does the moratorium on evictions actually mean? What do we know? What is unclear?AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleHas 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 ConstructionBartier Perry Solicitors
ArticleHow Decennial Liability Insurance (DLI) has the potential to change the future of the construction industry in NSWDLI provides building owners with insurance protection for a period of 10 years against certain types of defects.AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleHow principals can effectively manage defects and delays in projectsThe contract is the main source of a principal's rights and will usually include provisions regarding defects and delays.AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleKey Legislative Changes Over The Past Year For Property Owners, Landlords, Developers, Lawyers And Other AdvisersThe 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 ConstructionBartier Perry Solicitors
ArticleNCAT 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 ConstructionBartier Perry Solicitors
ArticleNSW state planning system adapted for a post-COVID economyNSW is implementing changes to its planning system designed to inject investment into the economy to keep people in jobs.AustraliaReal Estate and ConstructionBartier Perry Solicitors
ArticleRepairs 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 ConstructionBartier Perry Solicitors
ArticleWhen home owners cannot have their cake and eat it too - repetitive defect claims against a builderA NSW home owner was not be able to make another claim for defective building works after an initial claim was resolved.AustraliaReal Estate and ConstructionBartier Perry Solicitors