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MTECC NEWS

MTECC publishes a fortnightly newsletter, with a short article by one of our members, together with recent news. Please add your details below so we can add you to our distribution list. The latest MTECC news and previous versions are set out below.

Current and previous newsletters

AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419

AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419   AMO Rifat Holdings Pty Ltd v Dib (Building and Property) [2024] VCAT 419 is a decision of the President of VCAT, Justice Woodward.  It covers issues commonly encountered in domestic building disputes.   The parties to the major domestic building contract had validly departed from the

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Plunkett v Portier Pacific [2024] VCAT 205

More jurisdiction gymnastics in the domestic building space (yes, more)   There are two recent decisions of note which shift the dial (yet again) as to VCAT’s power to refer matters within its jurisdiction to a court.   The first is Plunkett v Portier Pacific [2024] VCAT 205, a decision of Woodward J (sitting as President of

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McGlone v Gerard Brandrick & Associates Pty Ltd & Anor [2023] VCC 1895

When can a costs order be made against a non-party company director personally in respect of litigation involving the company?   McGlone v Gerard Brandrick & Associates Pty Ltd & Anor [2023] VCC 1895 provides a useful reminder of the circumstances in which such an order may be made.   The proceeding concerned building works carried out

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Marques Group Pty Ltd v Parkview Constructions Pty Ltd [2023] NSWSC 625

In Marques Group Pty Ltd v Parkview Constructions Pty Ltd [2023] NSWSC 625, Rees J refused to grant summary judgment for a statutory debt claim under the NSW Building and Construction Industry Security of Payment Act 1999 (NSW)(SOP Act) because there was an arguable defence of misleading or deceptive conduct that was not a defence arising “under the construction

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Pinnacle Living v QBE Insurance [2023] VSC 621

The decision in Pinnacle Living v QBE Insurance [2023] VSC 621 concerned two issues of interest.    The relevant facts were as follows. A fire on a construction site caused about $3 million loss and damage. Two insurers were on risk. One under an Industrial Special Risks Policy. The other under contract works insurance. Contract works risk was

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The Justice Legislation Amendment Act 2023

The Justice Legislation Amendment Act 2023 (Vic) (JLAA) became law on 10 October 2023.  Part 10 of the JLAA contains ‘VCAT-related amendments’ which comprise four key changes.    Division 1 of Part 10 amends the Victorian Civil and Administrative Tribunal Act 1998 (the ‘VCAT Act’) in light of the decision in Thurin & Anor v Krongold Constructions (Aust) Pty Ltd & Ors [2022] VSCA 226 (‘Thurin’) which

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