Latest publications
Q&A with Swaab's new building and construction partner, Mark Glynn
Why did you choose Swaab?When I first met with Mary Digiglio, Swaab’s managing partner and Helen Kowal, partner construction and strata and thereafter the broader Swaab leadership group, I felt an immediate alignment with their values and commitment to client service.Our moral compasses were aligned, and this was the most important factor in my…
Might a Receiver of a distressed development project owe a duty of care to subsequent owners of the lots when completed?
Upon taking possession and control of an incomplete distressed development asset, a secured financier will more often than not look to complete the project works itself in order to maximise its recovery.This may necessitate the financier assuming responsibility for the building contract in order to complete the project works or engaging a replacement…
No will, no direction: The estate of Liam Payne and understanding law of intestacy
When Liam Payne sang “nobody can drag me down” we didn’t think he was talking about his aversion to sitting down and drafting his estate planning documents. However, after leaving no valid will on his death, the distribution of the former One Direction star’s fortune is up to the rules…
Beware Retail Lease Disclose Statements
Before a retail lease is entered into, the Retail Leases Act 1994 (NSW) (the RL Act) requires a landlord to give a signed Lessor’s Disclosure Statement (Disclosure Statement) to the tenant. The Disclosure Statement contains important information about the premises and the commercial terms of the lease — such as the permitted use, the…
Developers beware the statutory ‘non delegable’ duty of care under the Design and Building Practitioners Act 2020
The Design and Building Practitioners Act 2020 (DBP Act) came into effect in NSW in June 2020. Since its introduction the courts have provided guidance on the interpretation and reach of this Act. This article looks at the recent High Court decision of Pafburn Pty Ltd v The Owners – Strata Plan No…
Which edition of Building Code of Australia applies to developments in NSW?
The Building Code of Australia (BCA) is part of the the National Construction Code (NCC). The NCC is updated every 3 years, based on required regulatory practices, industry research, public feedback and policy directions from governments between publishing cycles.Construction projects often span 2 versions of the BCA.There has historically been much debate in the New…
Meta’s AI lawsuit in the USA & what it could mean for the future of AI & copyright
Recently, Meta appeared in a US federal court to defend one of the most closely watched copyright challenges of the AI era. The lawsuit is being brought by a group of prominent US authors including Ta-Nehisi Coates and Richard Kadrey. The plaintiffs allege that Meta unlawfully used millions of copyrighted books, downloaded…
Matching Parenting Orders to Risk: Crafting orders to properly address the dangers in a family law matter
The focus of any parenting matter being dealt with in the Federal Circuit and Family Court of Australia is what orders are in the best interests of the child. To determine what is in the best interests of the child, the Court must consider all of the evidence presented in…
Amendments to NCC 2022 commencing on 1 May 2025
BackgroundThe Australian Building Codes Board (ABCB), a joint initiative of the Commonwealth and state and territory governments together with the building and plumbing industries, is responsible for the National Construction Code, WaterMark and CodeMark Certification Schemes, and regulatory reform in the construction industry. One of the ABCB’s primary roles is to update and maintain…
Choose Your Own Respondent in General Protections Dismissal Disputes
Usually when one party is taking legal proceedings against another the respondent entity needs to be carefully identified. It can be fatal to the proceedings if the wrong entity is sued. This stands to reason given the adverse consequences that can flow from litigation. There is usually a process by which…