Lovegrove Smith & Cotton
Construction Law & Planning Law Weekly Bulletin
Monday 15 December 2014
Pleas in Mitigation in Building Practitioner Misconduct Cases(Australian Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
This week Justin Cotton, Partner and head of practitioner advocacy looks at the specific elements that go into a successful plea in mitigation in a disciplinary misconduct hearing for a building practitioner. The aim of the exercise of course is to minimise the likely penalty to be handed down on a misconduct charge. These principles hold true across the various states and territories and whether the practitioner is before a disciplinary tribunal or a court. Click here to read the informative article from Justin which also includes a couple of ‘real life’ examples where things can go wrong.
Construction Industry Employer Obligations under the Victorian Occupational Health and Safety Laws and Regulations(Victorian Readership) By Lisa Nguyen, Solicitor, Lovegrove Smith & Cotton
Victorian workplace health and safety is governed by the Occupational Health and Safety Act 2004 (Vic) (“the OHS Act”), Occupational Health and Safety Regulations 2007 (Vic) (“the OHS Regulations”) and compliance codes. They set out the responsibilities of employers and workers to make sure that they are working in a safe work environment. Last week we discussed the obligations that must be met by employees under the OHS laws and regulations. This week we will discuss the obligations of employers in the construction industry under the OHS laws and regulations. Click here to access this article.
How to Get Terms of Settlement Right to Resolve Your Building Dispute: Seal the Deal (Australian Readership) By Peter Micevski, Construction and Planning Solicitor, Lovegrove Smith & Cotton
Sometimes projects don’t go according to plan. However, as we know building litigation is not for the “faint hearted” and given the current global economic climate, we are beginning to see a trend in building disputes settling before litigation. This article discusses settlement as an alternative to pursuing litigation and outlines the fundamentals of a terms of settlement agreement. Click here to access this article by Peter Micevski.
Voluntary Planning Agreements: What Are They Good For? (NSW Readership) By Justin Cotton, Partner, Construction and Practitioner Advocacy, Lovegrove Smith & Cotton, Construction and Commercial Lawyers
Justin Cotton, partner and head of practitioner advocacy, examines the purpose and nature of Voluntary Planning Agreements in NSW, entered into with planning authorities when a developer seeks to make a development application or to seek a change to an environmental planning instrument in connection with such an application. As Justin describes, the tests of “public interest” and “probity” come into play, so that the parties do not enjoy the same bargaining freedom usually found in commercial contracts. Click here to access the article.
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