Articles

Property & Real Estate

With the combined knowledge and experience of our team at Nevett Wilkinson Frawley Lawyers, you will find yourself with all the answers you need for your specific legal query. Sometimes however it’s hard to know what question to ask, so hopefully our Insights page will help with that, providing you topical general information about matters that affect people throughout Ballarat, Beaufort, Castlemaine, Daylesford, the Central Highlands and Greater Western districts.

If you would like us to do an Insights article on something important to you, please let us know here.

What are Damages in Australian Contract Law?

An Overview on Damages in Australian Contract Law: When a party breaches a contract, the other party to the contract may be entitled to damages as a remedy. In contract law, an award of damages is intended...

What is Remoteness in Australian Contract Law?

An Overview on Remoteness in Australian Contract Law: In Australian contract law, loss caused by a breach is a “necessary, but not a sufficient, prerequisite to the recovery for damages”..

What is Causation in Australian Contract Law?

An Overview on Causation in Australian Contract Law: Law may be viewed as a “fact-orientated system” of rules that regulate human and social behaviour (Weber, 2009, p. 118). The application of causation...

What is Contract Law?

An Overview on the Theories of Contract Law: Common law textbooks on contract law typically define “contracts in terms of promise or agreement or of a combination of the two” (Cootes, 2010, p. 10). Within contemporary contract literature...

What is the Classification of Terms in a Contract?

An Overview on Classification of Terms: In Australia, the English decision in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 was adopted representing a policy position shifting from a dualistic classification system...

What is Privity of Contract in Australia?

An Overview on Privity of Contract in Australian Contract Law In Australia: In Australia, privity of contract relates to the idea that only parties to a contract should be “bound by its obligation”, and benefit from the contractual relations...

What is Cultural Heritage Significance in Victoria?

An Overview on Cultural Heritage Significance: As part of Victoria’s set of cultural heritage legislations, the Heritage Act 2017 (Vic) is intended to protect places and objects of cultural heritage significance. Statutory heritage protection has a wide range...

What is the Building Code of Australia (BCA)?

Read an Overview on the Building Code of Australia (BCA): The National Construction Code is described as Australia’s primary set of technical design and construction provisions for buildings. The National Construction Code is also viewed as...

What is the Domestic Building Contracts Act 1995?

Read an Overview on the Domestic Building Contracts Act 1995: The Domestic Building Contracts Act 1995 (Vic) is a legislation that is intended to regulate domestic building work. Often, owners and building owners enter into domestic building contracts...

What is the National Construction Code (NCC)? 

Read an Overview on the National Construction Code: The National Construction Code comprises the Building Code of Australia (BCA) Volume One and Two, and the Plumbing Code of Australia, Volume Three. Generally, the purpose of building regulations...

What is a major domestic building contract in Victoria?

Read an Overview on Major Domestic Building Contracts: The Domestic Building Contracts Act 1995 (Vic) is Victoria's domestic building legislation that regulates major domestic building contracts and the conduct of parties when entering into that type...

What is a domestic building contract in Victoria?

Read an Overview on Domestic Building Contracts: As the principal Victorian domestic building legislation, the statutory intention of the Domestic Building Contracts Act 1995 (Vic) is to regulate domestic building contracts...

What are performance requirements in construction?

Read an Overview on Performance Requirements: Setting Performance Requirements, the National Construction Code (NCC) is a performance-based code that sets national consistency to technical standards for buildings...

What is the National Construction Code used for?

Read an Overview on the National Construction Code: The National Construction Code (NCC) is Australia’s uniform national building code that sets out the minimum necessary technical requirements and standards...

What are building classes?

Read an Overview on Building Classes: The classification of building classes is guided by the National Construction Code. In Victoria, the Building Act 1993 (Vic) is a statutory regime that regulates building works (including, building classes)...

What is heritage listed property in Victoria?

Read an Overview on Heritage Listed Property: The preservation and conservation of heritage listed property is legally recognised in Victoria’s heritage laws. The Heritage Act 2017 (Vic) is a statutory regime...

Can an owner change a domestic building contract?

Read an Overview on Owner’s variations or changes to major domestic building contracts: Domestic building contracts may be varied or changed if the statutory requirements set by the Domestic Building Contracts 1995 (Vic) are complied...

Can a builder vary a domestic building contract?

Read an Overview on Builder’s variations or changes to major domestic building contracts: Variations or changes to domestic building contracts may be performed if the statutory requirements prescribed in the Domestic Building Contracts Act 1995 (Vic)...

What is domestic building work in Victoria?

Read an Overview on Domestic Building Work In Victoria: The Domestic Building Contracts Act 1995 (Vic) regulates contracts relating to the carrying out of domestic building works, resolution for domestic building disputes, and insurance requirements...

What is the purpose of a caveat in Victoria?

Read an Overview on Caveats: In Victoria, a caveat acts as an injunction on the Registrar of Titles against subsequent dealings on the land, a recording on the title and provides notice of the caveator's interest...

What is a Section 32 Statement in Victoria?

Read an Overview on Section 32 Vendor Statement: A Section 32 Vendor Statement is a statement that generally forms part of a Contract for the Sale of Land and is prepared by the Vendor in a sale of real estate...

What is the cultural significance of Lake Wendouree?

Read an Overview on the Cultural Significance of Lake Wendouree: Lake Wendouree as a present-day landmark and destination to visit at Ballarat, is a place that is appreciated for its recreational and leisurely use. It is a place of cultural...

What are the types of intellectual property in Australia?

Read an Overview on Intellectual Property: In Australia, intellectual property is an important asset that distinguishes your business from your competitors. Further, in an interconnected world that regularly engages with technology...