top of page

Publications
Search


Oops! Did you just enter a binding contract by email?
It’s no secret how common it is in these days for businesses and individuals to negotiate and conclude deals via electronic communication such as e-mail and other forms of messaging. The speed and casual ease in which emails can be exchanged is their attraction. Matters can progress much more quickly and the issues drilled down on faster using this method. The down side is the danger emails represent when they are used for contractual negotiations, and why parties frequentl

John Merlo
Mar 28, 20203 min read


I just bought a building from someone else and it’s falling apart – can I sue the Builder??
The essential answer to that question is that depends on what state you live in. Firstly, what is economic loss? The term economic loss encompasses any situation where an individual or organisation losses money. Financial loss is a visible loss that can be identified through legitimate financial statements. This type of damage is not from a property damage, or any other type of non-economic damages that cannot be proven, it has to be a tangible loss of assets. What is a l

John Merlo
Mar 28, 20206 min read


Default judgement – setting aside
What’s a default judgement? A court will issue a default judgement where a defendant has failed to file a defence. Once the plaintiff/creditor obtains a default judgement, they will then have twelve years to enforce payment of the judgement debt. It will go on your credit record too. No surprises there. But did you know that if you don’t address the situation enforcement action could be taken against you without your notice? Imagine if payments to you were suddenly redire

John Merlo
Mar 28, 20203 min read


Changes to payments for construction
From November 2017, the Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) introduced reforms to ensure Queenslanders in the building and construction industry are paid for the work they do. The BIF Act repealed the Building and Construction Industry Payments Act 2004 (BCIPA) and the Subcontractors Charges Act 1974 on 17 December 2018. On 17 December 2018, BIF Act provisions commenced that relate to: Requirements for retention monies and security (to be inclu

John Merlo
Mar 28, 20202 min read


Security of payment – always on the operating table
The Legislature are preparing for surgery - in the 20 odd years since its inception, the Security of payment laws have ruptured and spread like a tumour throughout the various state jurisdictions causing confusion and inefficiencies. The ‘Murray Report’ of December 2017 made 86 recommendations to improve security of payment, including that Australia should implement a nationally consistent legislative model because of confusion and inefficiencies. In QLD the government comm

John Merlo
Mar 28, 20202 min read


Contractors be warned! Safety is everyone’s business and failure can be a criminal matter
Every moment you waste, could be the difference between a small fine or a large fine at best, and at worst a large fine and jail time. Have you ever heard the phrase “you never get a second chance to make a first impression?“. Well that is the case with the law. With proper help I can get you through your circumstances. On 6 October 2016, a milestone tragedy occurred which changed QLD legislation – seriously. Two workers were crushed to death by 28-tonnes of precast concret

John Merlo
Mar 28, 20203 min read
bottom of page