What does good faith mean?
In recent decades, Australia has seen an increase in the number of disputes involving parties alleging that there has been a breach of an obligation of “good faith” which has resulted in loss or damage. But what exactly does it mean to act in good faith? Australia has not yet committed itself to a definitive […]
What is litigation funding?
Litigation funding, also known as legal finance or third-party litigation funding, can provide money to a party who otherwise lacks funds needed to litigate a claim. It is an important element in facilitating access to the legal system. Although the litigation funding industry is a relatively recent development, it is now a well-established business in […]
What is defective building work?
If a new commercial or residential building has a defect, the owner has statutory and contractual rights to have the defect rectified. The Queensland Building and Construction Act 1991 (Qld) (the Act) and the Rectification of Building Work Policy from the Queensland Building and Construction Commission (QBCC) are key authorities.
The Personal Property Securities Register
The Personal Property Securities Register (PPSR) is a national online noticeboard of security interests, which are debts or other obligations secured by personal property.
Termination of a building contract
Construction projects don’t always go to plan. Building materials can be delayed, plans can change, and budgets can be blown out. While these issues can cause frustration, when it comes to terminating a building contract, there are limited circumstances in which this can happen.
Promissory estoppel Australia
Estoppel is a legal mechanism in common law whereby a court may prevent or “estop” a party from making assertions or from going back on their word. A party may rely on a promise from the other party that, for instance, the first party will enter into a contract sometime in the future with the […]
