ArticleGovernment Introduces The Religious Discrimination Bill 2021 (Cth)This week the Morrison Government has introduced into Parliament the Religious Discrimination Bill 2021 (Cth) (Bill) .AustraliaEmployment and HRVincent Young
ArticleDude…I Can Manage Myself – A Lesson In Bullying And Performance ManagementThe Fair Work Commission (FWC) has rejected an employee's application for anti-bullying orders, after finding the employee had, on occasions, been "blatantly misogynistic".AustraliaLaw Department PerformanceVincent Young
ArticleClawback Of Incentives Remains An IssueThe clawback of incentives and their enforceability remains a live issue with the courts treating clawback clauses as a penalty in certain circumstances.AustraliaReal Estate and ConstructionVincent Young
ArticleLandmark Legislation Passed: Housing Australia Future Fund (HAFF) To Transform Affordable Housing LandscapeIn a significant development for the property development sector, the Federal Parliament has today successfully passed the bill establishing the $10 billion Housing Australia Future Fund...AustraliaReal Estate and ConstructionVincent Young
ArticleProposed New Tax Breaks For BTR Investment And DevelopmentThe Federal Government has this week released draft legislation aimed at stimulating investment and development within the build-to-rent sector, aligning with its ambitious...AustraliaReal Estate and ConstructionVincent Young
ArticleThe Validity Of A Payment Claim Is Not SubjectiveThis article deals with whether a payment claim under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOPA) is valid notwithstanding it is argued otherwise.AustraliaReal Estate and ConstructionVincent Young
ArticleIncrease In Property Related Duties – A Further Revenue HitThe release of the 2023-24 budget by NSW Treasurer Daniel Mookhey on September 19, 2023, marked a significant turning point in the fiscal landscape of the state projected...AustraliaTaxVincent Young
ArticleKey Characteristics Of Young Lawyers And LeadersAt Vincent Young Lawyers, we understand that the success of any organisation hinges on the qualities and characteristics of its employees.AustraliaLaw Department PerformanceVincent Young
ArticleNSW Government Announces Dramatic Planning Re-structureOn Friday 18 August 2023, New South Wales Premier, Chris Minns, unveiled a drastic new portfolio re-structure aimed at tackling energy challenges, climate change, environmental preservation and housing concerns.AustraliaEnvironmentVincent Young
ArticleCan Claimants Establish A DBPA Claim Using A Less Stringent Standard Of Proof?A recent Court of Appeal case confirms that in relation to a claim under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBP Act) the Court may assess damages in a robust manner...AustraliaReal Estate and ConstructionVincent Young
ArticlePenalties In Loan ContractsIn the current inflationary market, lenders are changing the terms on which they are willing to lend money to both individuals and businesses. For most borrowers, the key variable is interest rates.AustraliaCorporate/Commercial LawVincent Young
ArticleI Can Manage Myself – A Lesson In Bullying And Performance ManagementThe Fair Work Commission (FWC) has rejected an employee's application for anti-bullying orders, after finding the employee had, on occasions, been "blatantly misogynistic".AustraliaEmployment and HRVincent Young
ArticleUnfair Preference Claims – High Court Confirms Peak Indebtedness Rule No Longer AppliesAs more companies circle the drain in an increasingly uncertain economic environment, it is timely to review recent developments in unfair preference claims brought by liquidators against creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringVincent Young
ArticleArbitration Is No Bar For Bank GuaranteesNSWSC 1125, Daewoo sought to prevent INPEX from calling on a bank guarantee. The Supreme Court ruled against Daewoo.AustraliaLitigation, Mediation & ArbitrationVincent Young
ArticleSecurity For Costs Applications In Federal Court Class ActionsSecurity for costs (SFC) orders cannot usually be made against individuals, unlike corporations, in class actions in the Federal Court of Australia (the general rule).AustraliaLitigation, Mediation & ArbitrationVincent Young
ArticleBe Aware Of Discharging A GuaranteeIn the construction industry, it is common for a parent company/guarantor of a contractor to provide a guarantee to the principal. The guarantee usually includes the assumption...AustraliaReal Estate and ConstructionVincent Young
ArticleDirectors – Are You Liable Under Section 37 Of The DBPA?Directors of contractors should be relieved to hear that in the recent case of Oxford v KR Properties, the Supreme Court rejected a claim against a contractor's director for breach of duty under section 37...AustraliaReal Estate and ConstructionVincent Young
ArticleMinns Labor Government Introduces Housing And Productivity Contribution SchemeThe Minns Labor Government of New South Wales is taking what it believes to be decisive action to address the challenges posed by the State's fast-growing population.AustraliaReal Estate and ConstructionVincent Young
ArticleOverview On Incentive ClawbacksThe effectiveness of incentive clawback provisions, whilst common in commercial leasing transactions, continues to be uncertain.AustraliaReal Estate and ConstructionVincent Young
ArticleRecourse To Security Based On A Bona Fide ClaimIt is common for bank guarantees (BGs) to be used as a form of security to secure the performance of a contractor's obligation in a construction contract. A principal's right to have recourse...AustraliaReal Estate and ConstructionVincent Young