Building & Construction Law FAQ - Do defect matters go to the local court?

Date: March 03, 2011

Q. Do I have to go to the local court to take action against a builder for defects?

A. No. Often where small building matters are started in the civil claims court the CTTT will refuse to accept them as it considers the former venue to be a more appropriate one within which the matter is to be heard.

Employment Law/Unfair Dismissal FAQ - I am being unfairly held responsible for my area's bad performance. What can I do?

Date: March 04, 2011
Approximately two years ago I joined a car dealership which is rather old-fashioned in the manner in which it transacts business between the finance and sales departments. An insurance provider suggested to the management that I was not doing my job properly and as a result I have been reprimanded being held responsible for the poor performance of my area which is ludicrous as the sales for this year in my area are the same as last year when the market was booming. What should I do?

Building & Construction Law FAQ - I want to maintain my DA but sell the property. What can I do?

Date: March 03, 2011
I applied for a DA some time ago to build some home units and for a variety of reasons only limited work has commenced on site. I wish to maintain the DA and on sell the property which will be far more valuable if this can be done. What can I do?

Building & Construction Law FAQ - My builder lied about obtaining covenants. Can you help?

Date: March 03, 2011
I have entered into an HIA building contract for a modular home to be designed and constructed by the supplier. The house was to be built on an estate which has certain covenants governing the type of construction allowed there. The manufacturer, supplier and the builder are one and the same and they have indicated at all times they would be able to obtain all the necessary consents allowing my home to be built there. Despite this council has served me with a notice indicating that as I do not have the relevant consents I am not at liberty to proceed with construction. What can I do and can you help me?

Building & Construction Law FAQ - Are all defects recoverable from the builder?

Date: March 03, 2011
Are all defects recoverable from the builder?

Building & Construction Law FAQ - Are licensed builders required in NSW?

Date: March 03, 2011
Are licensed builders required to perform all building work in NSW?

Building & Construction Law FAQ - Do solicitors have right of appearance before the CTTT?

Date: March 03, 2011
Do solicitors have an automatic right of appearance before the CTTT?

Building & Construction Law FAQ - How long is the defects liability period?

Date: March 03, 2011
How long is the defects liability period?

Building & Construction Law FAQ - Is prepaying the builder normal?

Date: March 03, 2011
Is it normal to prepay the builder prior to the commencement of works?

Building & Construction Law FAQ - My neighbour backfilled within my boundary. What can I do?

Date: March 03, 2011
My next door neighbour has backfilled behind a decorative wall on one side of my property which is within my boundary and despite repeated attempts to stop this my neighbour continues to disregard my wishes. Is there anything I can do?

Building & Construction Law FAQ - What does home warranty insurance cover?

Date: March 03, 2011
What does home warranty insurance cover?

Building & Construction Law FAQ - Are experts' reports important in Building and Construction matters?

Date: March 03, 2011
Are experts' reports important in Building and Construction matters?

Building & Construction Law FAQ - How long does home warranty insurance last?

Date: March 03, 2011
How long does home warranty insurance last?

Business & Commercial Law FAQ - Behind in installments. Should I declare myself bankrupt?

Date: March 03, 2011
I am currently in trouble with my finance company as I am behind in my installments. Should I declare myself bankrupt

Business & Commercial Law FAQ - An aggressive competitor is selling the full range of products which fall under my distribution agreement?

Date: March 03, 2011
My company holds the total distribution rights for a particular product in Australia. Very simply, I came across an aggressive competitor who is selling the full range of products which fall under my distribution agreement. Can you help me and what can I do

Business & Commercial Law FAQ - Approached by another company prior to your product release?

Date: March 03, 2011
My company is a software developer and recently we have developed a system which revolutionises the way in which business is transacted in the market segment our program services. We have been approached by another company who has been made aware of what we are doing prior to its release. What should we do in the circumstances and are you able to assist us

Business & Commercial Law FAQ - Buying a restaurant and require the services of a lawyer who is familiar with liquor licensing?

Date: March 03, 2011
I wish to buy a restaurant and need to have the services of a lawyer who is familiar with liquor licensing. Can you assist

Business & Commercial Law FAQ - Cost indication for creation of documents to start franchise?

Date: March 03, 2011
I wish to set up my own franchise and I need an indication of the cost to draft the necessary documents required by law

Business & Commercial Law FAQ - Director has taken money from the company’s accounts set aside for tax?

Date: March 03, 2011
I am a director of a company and I have just found out that another director has taken money from the company’s accounts set aside for tax purposes – what should I do

Business & Commercial Law FAQ - Gambler, Loan Agreement with redraw facility bank did not refuse access?

Date: March 03, 2011
I have been living with a man for approximately 20 years and during that time we purchased a house and an extra block of land with borrowed funds. As part of the loan agreement there was a redraw facility and when it became obvious to me he was a gambler I directed the bank to refuse him access to the account. Unfortunately this was not done and extensive debts have been run up with the bank now calling on me to satisfy the outstanding balance as we held both properties in joint names. What can I do

Business & Commercial Law FAQ - I am currently considering entering into a joint venture?

Date: March 03, 2011
I am currently considering entering into a joint venture. What should I do

Business & Commercial Law FAQ - I am currently looking at buying a franchise?

Date: March 03, 2011
I am currently looking at buying a franchise and was wondering whether to deal with these types of matters

Business & Commercial Law FAQ - I am in the process of starting up an internet based business?

Date: March 03, 2011
I am in the process of starting up an internet based business and wanted to know whether you have any expertise in this area

Business & Commercial Law FAQ - I am looking to buy a commercial property in NSW?

Date: March 03, 2011
I am looking to buy a commercial property in NSW from which to run my business and was wondering whether you can assist

Business & Commercial Law FAQ - I have developed a unique business which I wish to franchise?

Date: March 03, 2011
I have developed a unique business which I wish to franchise as I do not want employees. What should I do in the circumstances

Business & Commercial Law FAQ - I own a large company and have been approached by a competitor to buy it?

Date: March 03, 2011
I own a large company and have been approached by a competitor organisation to buy it. The offer is an extremely good one. Are you able to advise and prepare all the necessary documentation to allow the sale to proceed

Business & Commercial Law FAQ - I run a nightclub with a friend who also has other business interests?

Date: March 03, 2011
I run a nightclub with a friend who also has other business interests. Recently he has become significantly disinterested in the business and continues to make substantial drawings. What can I do

Business & Commercial Law FAQ - I run a successful business and have restricted capital what I should do to develop it?

Date: March 03, 2011
I run a successful business and am wondering because I have restricted capital what I should do to develop it further

Business & Commercial Law FAQ - I want to purchase a franchise for a new business?

Date: March 03, 2011
I want to purchase a franchise for a new business – is this a complicated process which requires a lawyer

Business & Commercial Law FAQ - I want to purchase my friend’s business, can I use the same accountant or lawyer?

Date: March 03, 2011
I want to purchase my friend’s business – can I use the same accountant or lawyer to save on costs

Business & Commercial Law FAQ - If I declare myself bankrupt will I be able to escape my creditors?

Date: March 03, 2011
If I declare myself bankrupt will I be able to escape my creditors and get on with my life and start again

Business & Commercial Law FAQ - Master franchisor is refusing to accept his responsibility to ensure that poaching does not occur?

Date: March 03, 2011
I am a franchisee and paid good money for the franchise which I operate. Recently it came to my attention through a number of other franchisees that the master franchisor is refusing to accept his responsibility to ensure that poaching does not occur. What should I/we do in the circumstances

Business & Commercial Law FAQ - Money was subscribed to a company on the basis that I would be a shareholder?

Date: March 03, 2011
Money was subscribed to a company on the basis that I would be a shareholder. Yet a check with ASIC indicates that this has not occurred

Business & Commercial Law FAQ - My business partner has withdrawn all the funds from the business account?

Date: March 03, 2011
I am in a partnership and my partner has withdrawn all the funds from the business account - Can they do that

Business & Commercial Law FAQ - Purchased Franchise Business - Claims by Franchisor?

Date: March 03, 2011
About six months ago I bought a franchise business and it is obvious that the claims made by the franchisor are not and could never be met. In addition 50% of the annual franchise fee is to go to promotions and advertising with very little of this having been done. What are my options and can you help me

Business & Commercial Law FAQ - Statement of claim?

Date: March 03, 2011
We have been dealing with a company who has been providing services to us for some years and we have always paid them 60 days. Recently due to changing business conditions we have not used their services and have been served with a statement of claim claiming amounts outstanding past 14 days. Is there anything we can do in these circumstances and can you help us

Business & Commercial Law FAQ - When you buy a franchise does a lawyer need to be involved to assist me?

Date: March 03, 2011
When you buy a franchise does a lawyer need to be involved to assist me? If so what are the major risk areas for me

Business & Commercial Law FAQ - Will it take me long to obtain a certificate of independent legal advice?

Date: March 03, 2011
Will it take me very long to obtain a certificate of independent legal advice

Business & Commercial Law FAQ - Wish to retain a lawyer to assist in setting up a managed investment fund?

Date: March 03, 2011
We work in the financial services industry and wish to retain a lawyer to assist us in setting up a managed investment fund. Can you assist

Business Law FAQ - Are companies superior to partnerships?

Date: March 03, 2011
Are companies superior to partnerships?

Business Law FAQ - Looking to purchase business, owner has two books?

Date: March 03, 2011
Currently I am looking to purchase a business. I found a great one but am somewhat unnerved as the owner has two sets of books. Can you help me and is there anything I can do to check the performance of the business

Business Law FAQ - Trustee of a family discretionary trust?

Date: March 03, 2011
I am the trustee of a family discretionary trust and am concerned as to whether there is something more I should do to protect the trust and everybody’s entitlements. Is there anything you can assist me with

Commercial Law FAQ - Accountant giving legal advice?

Date: March 03, 2011
I have gone to my accountant as I am thinking of buying a franchise and although he has given me some accounting advice he has indicated that he can fully advise me about the full scope of the transaction including the legal ramifications of the documents I have to sign. Can he do this?

Commercial Law FAQ - ATO says I am responsible for PAYW?

Date: March 03, 2011
I am currently involved in a business which relies on a number of independent subcontractors to carry out the work necessary for the business to continue to operate. I have been approached by the Australian Taxation Office stating that as far as they are concerned I am responsible for the PAYW and that I should remit it to them. I have checked their website and noticed that in the particular industry in which I am engaged they have set up a model which is contrary to what they are saying to me. What should I do

Commercial Law FAQ - I wish to purchase a business and time is of the essence?

Date: March 03, 2011
I wish to purchase a business and time is of the essence. Can you assist?

Building & Construction Law FAQ - When is home warranty insurance not required?

Date: March 03, 2011
When is home warranty insurance not required?

Building & Construction Law FAQ - Can I be pursued by a building warranty insurer after settlement?

Date: March 03, 2011
Can I be pursued by a building warranty insurer after settlement?

Building & Construction Law FAQ - Can I claim against my builder’s home warranty policy?

Date: March 03, 2011
Can I claim against my builder’s home warranty policy?

Building & Construction Law FAQ - Do builders require home warranty insurance?

Date: March 03, 2011
I am an owner/builder – Do I require home warranty insurance?

Building & Construction Law FAQ - How effective is disputes resolution for Australian construction projects?

Date: March 03, 2011
How effective is disputes resolution when dealing with Australian construction and infrastructure projects?

Building & Construction Law FAQ - How valuable are lawyers in CTTT NSW proceedings?

Date: March 03, 2011
How valuable are lawyers in CTTT NSW proceedings?

Building & Construction Law FAQ - I am sceptical about signing a building contract - can you help?

Date: March 03, 2011
I am considering buying a house and I have been asked to sign a building contract but am somewhat sceptical about it and wonder whether you can help me?

Building & Construction Law FAQ - I have design reservations but no one will listen?

Date: March 03, 2011
I went to a large well known building company which is involved in the design and construction of luxury homes. Some years ago I obtained a DA but construction has still not gone ahead as I had some reservations on the design. I have had a number of conversations with them and nobody seems to want to do what I want. What should I do in the circumstances?

Building & Construction Law FAQ - Our neighbours' new renovations encroach on our boundary – can you help us?

Date: March 03, 2011
Our neighbours' new renovations encroach on our boundary – can you help us?

Building & Construction Law FAQ - Should home warranty certificates be sighted before work commences?

Date: March 03, 2011
Should home warranty certificates be sighted before work commences?

Building & Construction Law FAQ - What if I am physically threatened by the builder?

Date: March 03, 2011
What if I am physically threatened by the builder?

Home Warranty Claims FAQ - Do all builders have home warranty insurance?

Date: March 03, 2011
Doesn’t every builder have home warranty insurance?

Home Warranty Claims FAQ - Does my builder need Home Warranty Insurance when works are less than $12,000?

Date: March 03, 2011
Does my builder have to take out Home Warranty Insurance where the works are less than $12,000?

Home Warranty Claims FAQ - What happens where a builder goes broke?

Date: March 03, 2011
What happens where a builder goes broke?

• Commercial Litigation
• Building & Construction Law / Home Warranty Claims