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Construction / Construction

Mutual Recognition- an assessment of equivalence

The High Court has rejected the Victorian Building Authority’s attempts to impose its own level of assessment of “good character” that differs to the standards imposed by other states The respondent, Mr Andriotis, was registered in New South Wales as a waterproofer He sought registration in Victoria The Victoria Building Practitioners Board refused Mr Andriotis’ application because his New South Wales application, which stated false work experience, demonstrated dishonesty and rendered...
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Owners Corporation / Owners Corporations & Strata / Property & Development

Looking behind an Owners Corporation’s ‘special resolution’ to authorise legal proceedings

At an interlocutory hearing, the developer asked VCAT to dismiss the Owners Corporations’ proceedings on the basis that they had not passed valid or effective special resolution authorising the legal proceedings against the developer, as section 18(1) of the Owners Corporations Act 2006 requires. It is understood from the VCAT decision in that the Owners Corporations’ claims against the developer alleged that the developer breached its duty as the ‘initial owner’ by causing the Owners...
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Family Law

Family Law “Claw Back” Powers

Section 106B of The Family Law Act 1975 (Cth) (“The Act”) provides the Court with a wide range of “claw back” powers to deal with (and potentially alter) separated parties’ interests in property. Provided the Court is satisfied that it is just and equitable in all the circumstances to make any property order, the first step for the court is to identify (and value) the parties’ current interest in net assets. Property may include real...
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Charities & Not-for-Profit / Charities & Not-For-Profits

Regulation of Not for Profits and Charities

This article will deal with the not for profits that fall outside of the ACNC’s regulatory grasp and we will deal separately with charities in a different article. As stated by the Honourable Robert French AC, who spoke at a recent Summit on not for profits held at the University of Western Australia, for a regulatory regime to have democratic legitimacy and public confidence it must have clear purposes and those purposes must be consistent...
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