Allens

14 June 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

13 June 2013

A recent NSW Supreme Court decision emphasises the importance for principals to ensure a payment schedule is submitted in response to a payment claim made under NSW's security of payment legislation, even where it appears that the time for lodgment of a payment claim under the contract has not arisen. Partner Dan Young and Senior Associate Luisa Uriarte report.

05 June 2013

A recent decision by the Supreme Court of WA not to quash an adjudication determination, even though the adjudicator's findings may have been wrong, revolves around issues of sending responses to an adjudication electronically. Partner Michael Hollingdale reports on a case that has broad implications for service under WA's electronic transactions legislation.

31 May 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

17 May 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

16 May 2013

The New South Wales Supreme Court recently clarified when 'other arrangements' may exist for the purposes of the definition of what constitutes a construction contract. Partner Brian Millar and Lawyers Garrett Williams and Trieste Corby report.

13 May 2013

A new framework proposing a national best practice approach for governments for traditional contracting in infrastructure procurement has been issued. Partner Emma Warren and Lawyer Fiona Borrelli report.

03 May 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below.

19 April 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

18 April 2013

The Queensland Supreme Court has further clarified the requirements for payment claims under the Building and Construction Industry Payments Act, sending mixed messages to the wider construction industry. Partner Ren Niemann and Lawyers Matt Thomas and Goran Gelic report on this decision and its implications.

17 April 2013

The New South Wales Court of Appeal has recently confirmed the principles underpinning the exercise of a court's discretion to adopt, vary or reject a referee's report. The decision highlights the limited basis on which such a decision can be challenged, particularly when the challenge relates to factual findings made by a referee. Partner Brian Millar, Senior Associate Lee Moore and Lawyer James Gonczi examine this decision.

10 April 2013

A recent NSW Supreme Court case highlights the importance of being aware of time periods (especially around holiday periods) in relation to progress payment claims. Partner Michael Hollingdale and Law Graduate Emma Cundale look at the consequences of a failure to adhere to the strict requirements for the service and response to progress payment claims.

09 April 2013

The number of days lost to industrial disputes increased sharply in 2012. Partners Anthony Arrow and Simon Dewberry spoke to BRR Media about the likely reasons behind the increase, the lessons learned, and how businesses can manage industrial relations risk.

05 April 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

21 March 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

12 March 2013

The consequences of a party's failure to serve an adjudication response within the timeframe set by WA's security of payment legislation was highlighted by a recent Supreme Court of Western Australia decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Lawyer Samantha Lord report.

08 March 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

22 February 2013

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

22 February 2013

The Queensland Court of Appeal has again taken a narrow interpretation of the 'mining exclusion' under Queensland security of payments legislation. Partner Ren Niemann and Lawyer Goran Gelic report on this decision and its implications.

21 February 2013

As we await the release final report of the Costello Commission of Audit in the coming days, Ren Niemann discusses the current climate for major construction projects in Queensland.

08 February 2013

Welcome to our first issue for 2013 of Breaking Ground, a regular publication by the Allens Construction & Major Projects group to keep you informed of the latest news and developments in this area. We hope you all had a very merry Christmas and wish you a happy New Year.

10 January 2013

The New South Wales Supreme Court has reaffirmed that parties are entitled to relief from an adjudication determination where there has been jurisdictional error or where they have not been afforded natural justice. Partner Brian Millar, Senior Associate Lee Moore and Lawyer Trieste Corby consider the implications of this decision.

20 December 2012

From all of us at Allens, we wish you a very Merry Christmas and a safe and happy New Year. We would like to thank you for your support throughout the year. Breaking Ground will recommence in February 2013 and once again keep you up-to-date with the latest news and developments in 2013.

17 December 2012

With the release of its draft industrial relations guidelines, the NSW Government is attempting to introduce a more stringent regime governing public sector construction best practice than the current Federal regime. Partner Nigel Papi and Lawyer Stuti Sethi report.

13 December 2012

The WA Supreme Court recently held that Western Australia's proportionate liability legislation does not of its own force apply to arbitral proceedings for disputes governed by WA law. Partner Brian Millar and Senior Associate Lixian Liang report.

23 November 2012

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

21 November 2012

In conjunction with the publication of Breaking Ground Construction Year in Review, Allens recently hosted a series of seminars that explored key trends in construction law during the 2012 calendar year. Following the seminars, Partner Nick Rudge spoke to BRR Media about the key issues and trends for the industry and what's on the cards in 2013.

19 November 2012

The mining and construction industries have received mixed messages after the Queenland Court of Appeal adopted a narrow interpretation of the 'mining exclusion' under the state's building and construction industry payments legislation.

14 November 2012

Recently, the Full Court of the Federal Court considered whether a letter of intent with a 'subject to contract' clause was binding and, consistent with a recent UK decision, confirmed that the courts will, in the absence of any express statement, look at the objective intention of the parties in determining whether such a letter is binding. Partner Nigel Papi and Senior Associate Lee Moore consider the implications of this decision.

14 November 2012

In brief: Proponents and operators of major projects in Queensland need to be aware of important proposed changes that will impact upon the assessment and approval process for 'significant projects' and 'infrastructure facilities of significance', and the disposal of land in State Development Areas. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi report.

09 November 2012

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

02 November 2012

The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partner Emma Warren spoke to BRR Media about the vital role that infrastructure will play in harnessing the opportunities and addressing the challenges of the Asian Century.

26 October 2012

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

25 October 2012

A recent Supreme Court of Western Australia decision has found that a party aggrieved by an adjudicator's decision that he or she has jurisdiction to make a determination, or who considers that there has been a denial of natural justice, can apply to the court for a declaration that the determination is invalid. Also, the existence of an offsetting debt is not grounds for refusing leave to enforce a determination. Senior Associate Jeremy Quan-Sing and Lawyer Leila Peggs report.

12 October 2012

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

10 October 2012

We look at a decision of the High Court of India that should make it easier to enforce foreign awards in that country; whether judicial acts are 'acts of state' for the purpose of the act of state doctrine; a notice of investment dispute that has been issued to the Mongolian Government under the bilateral investment treaty between Singapore and Mongolia; competition law as a 'mandatory' law for arbitration in Australia; and a decision to stay court proceedings in favour of arbitration made in the context of multiple agreements governed by multiple laws.

05 October 2012

The Queensland Supreme Court has confirmed that, where possible, it will hold parties to the dispute resolution procedures in a construction contract before it allows recourse to legal proceedings. Partner Adrian Baron and Lawyer Laura Nagy report.

28 September 2012

In brief: Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. We look forward to hearing from you.

19 September 2012

With the release of its draft long-term transport plan, the NSW Government has signalled that it will look to the private sector to assist in financing future transport projects. Partner Nigel Papi and Senior Associate Lixian Liang report.

17 September 2012

Contractual conditions placed on a payment claim for construction work are at risk of being unenforceable under Queensland's security of payment legislation. Partner Adrian Baron explains.

14 September 2012

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

10 September 2012

The Supreme Court of Queensland has confirmed that a contractor will not be able to make a payment claim under security of payment legislation or under a contract where it has agreed to provide services for which it is not licensed. This will be the case even if the contractor was licensed for some (but not all) of the work and the contract contained a standard severability clause. Partner Dan Young and Lawyer Scott Lang report.

06 September 2012

A recent Queensland Supreme Court decision provides a good insight into the interpretation of a reimbursement for actual costs provision in a collaborative consultancy agreement. Partner Nick Rudge, Senior Associate Nikki O'Leary and Law Graduate Matthew De Remer report on the case, which points to the importance of clearly drafting the basis of any reimbursement of costs clause.

31 August 2012

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

27 August 2012

The New South Wales Government has issued new guidelines to govern the private public partnership procurement process in that state. Partner Nigel Papi and Lawyer Tom Levi report on the new guidelines, which are intended to supplement the national PPP guidelines

22 August 2012

The Supreme Court of Victoria has provided practical guidance on the content of show cause notices issued under Australian Standard form contracts and how parties should respond to them, and also commented on the requirements for the admissibility of expert evidence. Partner Nick Rudge, Senior Associate Nicholas Gallina and Law Graduate Matthew De Remer report.

17 August 2012

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

03 August 2012

Welcome to the first edition of Breaking Ground. This regular publication by the Allens Infrastructure and Construction group will keep you informed of the latest news and developments in this area.

06 July 2012

The Queensland Court of Appeal has determined that contractual conditions placed on a payment claim for construction work cannot be justified under that state's security of payments legislation. Partner Adrian Baron and Lawyer Laura Nagy report.

29 June 2012

A recent Supreme Court of Victoria decision confirms that contractors are not required to act in good faith when submitting claims made under Security of Payments legislation. Partner Nick Rudge, Senior Associate Nikki O'Leary and Law Graduate Matthew De Remer report