Author Archives: Daniel Epstein

What is the difference between defective and incomplete works?

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What is the difference between defective and incomplete works? How to work out whether works are defective or incomplete?   Introduction: Often at the completion of building works there are defective or incomplete works which need to be remedied or completed. If it is Domestic building work then it refers to work associated with the construction, renovation, improvement or maintenance of a home (see sections 5 and 6 of the Domestic Building Contracts Act 1995). A builder is a person … Continued

Retail Tenancy Covid 2021 Update

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Retail Tenancy Covid 2021 Update   Retail Tenancies core jurisdiction is enabled by section 81 and 89 of the Retail Leases Act 2003. Retail Leases Act 2003 is the mechanisms available to resolve disputes concerning leases of retail premises and promote greater certainty, fairness and clarity in the commercial relationship between landlords and tenants of retail premises. Retail Tenancy disputes are basically disputing between landlord and tenants under or in respect of retail premises leases. A retail tenancy dispute as … Continued

Coronavirus (COVID-19); Residential and Retail Tenancy and temporary changes to Victoria’s laws on renting in response to the COVID-19 pandemic

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Coronavirus (COVID-19) has resulted in temporary changes made to Victoria’s laws on commercial and residential renting in response to the COVID-19 pandemic. The changes apply for the 6 months of 29 March 2020 to 26 September 2020. Chapter 4 of the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic) introduces temporary amendments to the Residential Tenancies Act 1997 (Vic). The new Victorian laws temporarily change how the Residential Tenancies Act 1997 and Retail Leases Act 2003 operate in response to the COVID-19 pandemic. The changes introduced … Continued

Current state of play One Year On from the introduction of legislation and the changes in Building Law (Part Four):

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VCAT Building List case update especially significant cases up until January 2019:   Owners Corporation No.1 of PS613436T, Owners Corporation No. 2 of PS613436T, Owners Corporation No. 4 PS613436T & Ors v Lu Simon Builders P/L, Stasi Galanaos, Gardner Group & Ors [2019] VCAT Reference No. BP 350/2016. In 2014 a fire raced up 13 storeys of a Melbourne apartment building in part because the outside wall was not clad in fire-resistant sheeting. The fire, started by a cigarette on … Continued

Current state of play One Year On from the introduction of legislation and the changes in Building Law (Part Three):

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Background to the Building Interim Regulations 2017 and finalisation of the Building Regulations 2018: TheBuilding Interim Regulations 2017 (Interim Regulations) came into operation on 4 June 2017, replacing the Building Regulations 2006and ultimately were replaced by the Building Regulations 2018. The Interim Regulations were substantially the same as the 2006 regulations, with minor amendments to update references to standards, planning schemes and other minor changes. The Interim Regulations have been necessary because the 2006 regulations will lapse and the process for development of new … Continued

Current state of play One Year On from the introduction of legislation and the changes in Building Law (Part Two):

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Background Building Amendment (Enforcement and Other Measures) Act 2017:   Special gazette was published on1 August 2017 providing for the commencement of some sections of the Building Amendments (Enforcement and Other Measures) Act 2016 on 16 August 2017.  The following summarises some of the key changes that took affect that day: s 31 to 38, 49 & 53; amendments to part 8 relating to the issuing of emergency orders, notices and orders. Implications are that where a building has an owners corporation, an emergency … Continued

Current state of play One Year On from the introduction of legislation and the changes in Building Law (Part One):

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Current state of play One Year On from the introduction of legislation and the changes in Building Law:   Building Legislation Amendment (Consumer Protection) Act 2016; Building Amendment (Enforcement and Other Measures) Act 2017; Building Interim Regulations 2017and finalisation of the Building Regulations 2018; Background Building Legislation Amendment (Consumer Protection) Act 2016 (Vic): In 2016 the Building Legislation Amendment (Consumer Protection) Act 2016 (Vic) was passed. This legislation introduces a number of changes to the regulation of building work in Victoria and aims to enhance consumer … Continued

Beginners Guide to Legal Cost Disputes (Part Three):

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1. Specific cost orders: a. Costs in the cause are awarded to whoever gets the costs of the proceedings. b. Costs reserved refers to the question of who pays the costs is left to be decided at a later date. c. Often, a final order or terms of settlement will specifically include reserved costs as part of the costs order; d. Cost court can make an order for reserved costs if no earlier order is made. e. Costs in any … Continued

Beginners Guide to Legal Cost Disputes (Part Two):

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Types of Taxation Between Parties: 1. The party/party basis is defined as: a. Unless otherwise ordered, the default basis of taxation costs are to be allowed on a party/party basis. Therefore, if the order simply awards costs without specifying the basis of taxation, costs are to be taxed as between party and party; b. All costs necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being taxed are … Continued

Beginners Guide to Legal Cost Disputes (Part One):

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The issue of costs is central to all forms of legal practice. The law of costs represents an amalgam of several areas of substantive law; namely the law of contract, law of equity and it’s principles along with a fundamental reliance on statute and statutory courts. Legislation for costs in Victoria: Supreme Court (General Civil Procedure) Rules 2005 (Order 62 And 63); Legal Profession Uniform Law Application Act Legal Practitioner’s (professional costs) cost is the price for legal services and … Continued