Fencing and Boundary Disputes - we know the answers.... Fences and title boundaries are a well known source of disputes, a fence is damaged or removed, a building is alleged to encroach, or a new fence may be wanted -…
It Doesn’t Need to be a Riddle: Section 173 Agreements Explained by Stephen Smith Solicitor, (Victoria Readership) This article explores frequently asked questions about section 173 of the Planning and Environment Act 1987 (Vic) agreements. A Section 173 Agreement is…
Reliance on “Third Party” Certificates: is the Land & Environment Court More Permissive than the ADT? by Stephen Smith, Construction and Commercial Lawyers (New South Wales Readership) In this last article in a series on a recent Land & Environment…
What to Watch for? A Builder’s Guide to Using Contracts and Avoiding the Pitfalls by Mr. Stephen Smith (Australian Readership) In tougher economic times it makes sense to do the simple things well with paperwork, as the simple things can…
Case Management – Dispute Resolution: An International Perspective Written by Stephen Smith, (International Readership) This Paper will attempt to give an insight into alternative dispute resolution, which is utilized in the Victorian Civil and Administrative Tribunal (“VCAT”) and various other…
Has Mediation Suffocated Negotiation? Written by Mr. Stephen Smith (Australian readership) Prior to the 1990s, the concept of mediation as a means to dispute resolution was not well established. The latter day assumption is that absent mediation everything went to…
Time for a Fair Contracts Act for the Building Industry by Stephen Smith (International readership) This article canvases the need for fair go contracting legislation in the building industry, be it local, be it Asian, be it the northern hemisphere.
Building Cases and the Dangers and Vagaries of Flawed Expert Testimony (International readership) The winning and losing of a building case often has everything to do with the calibre of one`s expert witness. Expert witnesses are unregulated and unlike lawyers…
How Water Tight is a Construction Certificate and Can you Go Behind it? (NSW readership) Does any defective action or omission of an accredited certifier automatically lead to a Part 4A certificate they have issued becoming invalid? Justin Cotton, partner…
Alarm Bells for Builders: A Duty of Care Owed in Respect of Commercial Buildings in NSW and Potentially Australia (NSW readership) A builder will owe a duty to exercise reasonable care in the construction of a building to avoid causing…