News

Media
Archived media – 2009

Please contact Rigby Cooke Lawyers for more information about Media items
T 03 9321 7888
E marketing@rigbycooke.com.au

You will need Acrobat Reader to read or print this PDF file.

Click here to download this free software.


Nov/Dec 09
The importance of an expert
Andrew Whitelaw, Partner

"It is a reality that many building and construction projects encounter disputes at various stages. The use of a person who is an “expert” cannot be underestimated in aiding builders and owners to resolve disputes involving defective, incomplete or non-compliant building works.  An expert who has the qualifications and experience necessary to identify issues and provide factual opinions can assist parties to resolve their differences often before a dispute takes on a life of its own before the Tribunal or the Courts."

This article was first published on page 65 of Victorian Master Builders Journal, November/December 2009.


Aug/Sept 09
Lock-up - what does it mean?
Andrew Whitelaw, Partner

"The decision in Brown v Cardona & Ors on 26 May 2009 has cast some uncertainty over when a “Lock-up Stage” progress payment may be payable under domestic building contracts."

This article was first published on page 62 of Victorian Master Builders Journal, August/September 2009.


August 2009
Duties Act Changes - New Lease Duty
Tim Kelly, Partner & Sophie McGuinness, Lawyer

"With some delay and controversy, the Victorian Duties Act 2000 has been amended to introduce stamp duty as payable on some leasing transactions.  The changes received Royal Assent on the 7th day of July 2009 but the applicability of the changes has been backdated to 21 November 2008."

This article was first published on page 15 of VicParks News, Volume 26, Issue 08/09.


July 09
Understanding protection works
Andrew Whitelaw, Partner

"Where residential or commercial building works are to be carried out which may affect or damage another’s property, the Relevant Building Surveyor has an obligation to determine whether “protection works” are  required under the Building Act 1993 and Building Regulations 2006."

This article was first published on page 54 of Victorian Master Builders Journal, July 2009.


Apr/May 09
Failure to take out domestic building work insurance
Bryan Thomas, Senior Consultant

"The judgment of Ashley J in Dover Beach Pty Ltd & Stone v Geftine Pty Ltd, a decision of the Court of Appeal of the Supreme Court of Victoria delivered on17 December 2008, is of importance to builders undertaking residential building work."

This article was first published on page 45 of Victorian Master Builders Journal, April/May 2009.


Feb 09
Court of Appeal breathes new life into contribution claims
Theo Kalyvas, Partner & Andrew Whitelaw Partner

"The Victorian Court of Appeal has for now settled the question of whether a defendant who is a concurrent wrongdoer can claim a contribution from others under Part IV of the Wrongs Act 1958 (Vic) even where that wrongdoer has settled with the Plaintiff."

This article was first published on page 57 of Victorian Master Builders Journal, February 2009.


Return to top arrow