Author: Sharon Knight

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Domestic building dispute resolution

Posted on , updated on by Sharon Knight

Domestic Building Dispute Resolution Victoria (DBDRV) is an independent government agency that provides free services to help resolve domestic (residential) building disputes.

This service was established to resolve domestic building disputes without the cost and time often associated with courts and tribunals.

If you experience an issue during a residential building project, you need to try to resolve the dispute yourself – before you apply to DBDRV. This is a legislative requirement, so you will need some proof showing how you have tried to resolve the dispute. This may include notes from meetings or email records.

If you are unable to resolve the issue(s) during your initial meeting with the other party, i.e. owner or builder (or other parties), you must write to the other party outlining any remaining issues. In this letter, you must advise them of your next step, which might include lodging an application with DBDRV.

To begin resolving your dispute through DBDRV, simply visit their website and click on the “application” button.

You will be prompted with a range of questions about your domestic building dispute DBDRV will review your application and if you are eligible to use the services, then you will be allocated a file manager, who will familiarise themselves with your matter and decide which course of action is most appropriate in your dispute.  Please note that you need to be involved in the process in good faith and attempt to fully resolve the issues.

DBDRV will arrange a conciliation conference to see if the parties are able to mutually resolve their dispute. If the matter settles, then the Dispute Resolution Officer will present a draft order to the Chief Dispute Resolution Officer.

The Chief Dispute Resolution Officer has the power to issue binding dispute resolution orders and certificates.  Builders, please note that if the dispute involves any defective works, the Chief Dispute Resolution Officer will report them to the Victorian Building Authority after the conciliation process is completed.

Further information

If you are not eligible to use DBDRV, your next step, is to speak with us.

This article provides information that is general in nature and is not a substitute for legal advice.

Domestic Building Dispute Resolution Victoria (DBDRV): https://www.dbdrv.vic.gov.au/

Image credit: www.dbdrv.vic.gov.au/

You could go to jail for building without a building permit.

Posted on , updated on by Sharon Knight

Prior to 24 May 2017, if you build or make renovations to a property without the required building permits, you could be fined or asked to replace/demolish the building/addition, or both.

From 24 May 2017, section 16B of the Building Act (1993) has been amended to include new penalties.

Now, anyone who is in the business of building [including architects, landowners and builders] connected to a project the value of which exceeds the prescribed amount and that has no building permit, can face up to 5 years of jail, or fines of up to $109,044.00

A company associated with an illegal renovation [including demolition] can be fined up to $545.220.00

This amendment applies to any type of construction or alteration that requires a building permit to be obtained – which generally includes any major structural alteration, or a range of small jobs including adding a window, moving a wall, adding a pergola etc.

Implications for Landowners

A landowner is specifically prohibited from permitting building work to be done on their land without a building permit and/or in breach of the Act, the Regulations or the permit.

It is a defense for the land owner if a building practitioner or architect has been engaged to carry out the building work.

Implications for Builders and other professionals

Building practitioners and architects are specifically prohibited from carrying out building work without a building permit and/or in breach of the Act, the Regulations or the permit.

When engaged to carry out building work, building practitioners and architects must ensure that a building permit has been issued and is in force for that building work, and that the work complies with the Act, the regulations and the permit.

For more details – contact us, or click here for a fact sheet.

Beware of a S6Q Notice.

Posted on , updated on by Sharon Knight

What is an S6Q Notice? It is a default notice that is sent in accordance with section 6Q of the Privacy Act 1988 (Cth). If you owe a creditor an amount that is more than $150, that creditor can do the following:

  1. Issue you with a first S6Q Notice as soon as the debt becomes overdue;
  2. If the amount is not paid within 30 days of the date the first S6Q Notice is issued, they can then send you a second Notice;
  3. Wait for another 14 days and then register you on your credit report. This can be disastrous as it will prevent you from obtaining finance. The entry on your credit report automatically lapses on the expiration of 5 years of the date of the entry however, 5 years is a long time when you need to, let’s say, apply for a personal loan or refinance.

There are other steps that are available to a creditor to pursue the debt – one of them is to issue a proceeding in court. It is important therefore, to act as soon as the first Notice is received and contact us to obtain advice on your options.

This article provides information that is general in nature and is not a substitute for legal advice.

Do you have a valid will?

Posted on , updated on by Sharon Knight

A Will is a document that states how you would like your assets to be distributed when you die. It also identifies people or organisations you would like to be responsible for carrying out your wishes.

It is a legal document, and to be valid, there are a number of processes that must be followed.

According to Section 7 of the Wills Act 1997 (Vic), a Will is not valid unless:

  • It is in writing and signed by the Testator (Will-maker) or by some other person in the presence of and at the direction of the Testator; and
  • The signature is made with the Testator’s intention of executing a Will, whether or not the signature appears at the foot of the Will; and
  • The signature is made or acknowledged by the Testator in the presence of two or more witnesses present at the same time; and
  • At least two of the witnesses attest and sign the Will in the presence of the Testator but not necessarily in the presence of each other.

You must also appoint an Executor. An Executor is someone who is going to manage your estate – i.e. collect your assets, pay your liabilities and distribute your estate to your beneficiaries in accordance with your Will.

Why use a lawyer to draw a Will instead of a Will Kit you can buy from the Post Office?

To save money, many people choose to write their own Will. This may do more harm to your beneficiaries than help.

Here’s why you should spend the money:

  1. You may be sure that your Will is valid;
  2. You may minimise the risk of litigation if a person makes a claim against your estate;
  3. You may be asked to put measures in place for scenarios which you have not thought of before but which your lawyer has picked up;
  4. You may be advised how to make your bequests in a way that helps a beneficiary, not harms them.

Don’t forget: It is a part of Hassall’s Litigation Services to minimise the risk of litigation!

 

Case Study

A client wanted to leave her property to her son who was living in it with her. However, her son was receiving Centrelink benefits. If he inherited the house, he would not be entitled to receive those benefits.

If the son did not inherit the property outright upon his mother’s death and instead received a life interest for him to occupy the property i.e. he had the right to live in the property without owning it, he would still be entitled to receive his benefits. This enabled him to maintain his Centrelink benefits and live rent-free in the property.

In this scenario, the Executor would manage the household expenses such as bills which are paid by the Estate. The house remains in the name of the Estate.

 

Excluding people

If you want to exclude a person from benefiting from your Estate, you must state this in your Will and include the reason(s) why. This helps with showing that you intended to exclude a person from your Will and it was not merely an oversight.

 

Final check

Are you sure your Will is created such that your beneficiaries will be taken care of and only the people you want to benefit from your Estate will? We can remove the doubt – speak to us.

This article provides information that is general in nature and is not a substitute for legal advice.

Are you still owed money?

Posted on , updated on by Sharon Knight

When you have outstanding payments owed to you by a client, and your attempt to contact them to finalise payment(s) have not finalised the matter, we have a low cost step that you can take before calling (and paying for) a debt collection service.

We’ve included a “Letter of Demand” on our website. This letter can now be your first, cost effective step to recover outstanding debts.

It’s easy to use:

  1. Simply click HERE and you will be directed to our “Demand Letter”
  2. Simply complete your details and your debtor’s details in the form provided on our website; and
  3. Pay a flat fee of $110.00 [incl GST]

Hassall’s Litigation Services will complete a Letter of Demand on our letterhead. The letter will be sent, within 7 days of payment, to your debtor. This demand letter serves as a warning to pay the money or further legal action may be taken.

This new service will only cost you $110.0 [inc GST] to have the letter completed, printed and delivered.

Once the Demand Letter has been sent

No further action will be taken. However, if you require further assistance, simply contact us and we may assist you to commence proceedings to recover your debt.

To complete your Letter of Demand, simply click here.

This article provides information that is general in nature and is not a substitute for legal advice.