Allens

Infrastructure & Transport

State of growth: Insights from Infrastructure NSW

Good quality, integrated infrastructure across Australia's major centres is key to sustaining a high-functioning, efficient economy. Watch Allens Partner and Infrastructure and Transport Sector Leader Emma Warren speak to Jim Betts, CEO of Infrastructure New South Wales, which advises the state government on a long-term and consistent approach to infrastructure planning across the board.

View video

Our experienced Infrastructure legal team regularly publishes articles and updates - the full list of publications appears below. These publications address a wide range of infrastructure issues, ranging from legislative changes and industry body activities to the effects that legal decisions can have on your operations. If you'd like to be notified when we add new infrastructure publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Read about our track record in Infrastructure & Transport.

Infrastructure & Transport Publications

  • Focus: Social benefit bonds - their role in the funding challenge for social infrastructure and services

    20 March 2015

    With the recent Intergenerational Report having further highlighted the need to deliver social outcomes in an efficient way, Partners David Donnelly and James Darcy report on the potential role of social benefit bonds in providing social infrastructure and services.

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  • Focus: Market-led Proposals Guideline - a new framework for assessing unsolicited proposals in Victoria

    27 February 2015

    The Victorian Government has declared Victoria 'open for business' by releasing new guidelines that provide the framework for how it will assess unsolicited proposals from the private sector for the delivery of projects and services. These new guidelines, which build on the previous government's unsolicited proposals guideline, provide strong guidance for proponents in relation to how they may successfully pitch a unique idea to the Victorian Government. In addition, the new guidelines provide greater transparency for the community via the new public register of proposals that are under consideration by the Government. Government sector leader and Partner Paul Kenny, Senior Associate Penny Alexander and Associate Amelia Hanscombe report.

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  • Client Update: First Asset Recycling Initiative agreement signed

    24 February 2015

    The Federal Government announced late last week that the first agreement under its $5 billion Asset Recycling Initiative has been signed with the ACT Government, demonstrating the Federal Government's commitment to the Initiative despite the underlying legislation remaining stalled by the Senate. Government sector leader and Partner Paul Kenny, Managing Associate Emin Altiparmak and Lawyer Ellie Mulholland report.

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  • Paper: Getting the deal through - Australia PPP chapter

    5 November 2014

    Partners Leighton O'Brien and Nicholas Ng provide an overview on public-private partnerships (PPPs) in Australia, examining the general PPP framework, trends in the industry, the procurement process, operation and maintenance, default and termination and financing.

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  • Client Update: Law reform to improve conditions for investors in Mongolia

    29 September 2014

    Last week, the Mongolian Government released the agenda for the upcoming autumn sitting of parliament. The release of the agenda, twice annually, is always of interest to investors, and the autumn 2014 agenda is no exception. Partner Igor Bogdanich and Associate Tess Fitzgerald look at what may be of interest to foreign investors.

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  • Client Update: Major water reform in Queensland to affect all water users with significant changes for the resources industry

    25 September 2014

    The Queensland Government has introduced amending legislation that will significantly reform all parts of water regulation in Queensland. The reform introduces significant streamlining opportunities but also new obligations, particularly for those in the resources industry. Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Gobind Kalsi report.

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  • Focus: New stormwater licencing in the pipeline

    22 September 2014

    New legislation that seeks to establish a statutory framework for the access to and use of stormwater in Victoria is an attempt to increase the use of stormwater in urban areas and furthers the Victorian Government's policy of limiting the diversion of water from rural areas for urban use. The process to access this alternative water source appears, at first glance, to be straightforward. However, uncertainty still exists. Partner Kate Axup and Lawyer Danielle Atkin report.

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  • Focus: Amendments to BCIPA regime passed in Queensland

    18 September 2014

    The Queensland Parliament has passed amendments to the state's security of payment legislation that aim to address concerns raised by the construction industry about unfairness in the payment claim and adjudication process. Managing Associate Nicholas Ng, Associate Laura Nagy and Lawyer Timothy Leschke report on the key changes and the implications for the industry.

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  • Focus: Make informal payment arrangements for construction work at your own peril

    5 September 2014

    A recent decision of the New South Wales Supreme Court serves as a timely reminder that a 'construction contract' under security of payment legislation can include an arrangement to carry out construction work that is not legally enforceable. Managing Associate Nicholas Ng, Associate Matt Thomas and Lawyer Timothy Leschke report on this decision and its implications for the construction industry.

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  • Focus: Amendments to Federal environmental regulation

    28 August 2014

    The Federal Government has implemented a variety of policy and legislative reforms to its environmental approvals regime. Partner Chris Schulz, Senior Associate Emily Gerrard and Associate Katherine Kirby report on two legislative amendments that facilitate recent reforms: the introduction of a 'user pays' system for environmental assessments and the Federal Government's proposed 'one stop shop' environmental approvals.

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  • Client Update: New infrastructure charges, environmental offsets and regional planning regimes commence in Queensland

    17 July 2014

    New frameworks for infrastructure planning and charging, environmental offsets and regulating activities in 'areas of regional interest' have now commenced in Queensland. Special Counsel Rosanne Meurling, Senior Associate Michael Zissis and Associate Julieane Bull report on how the reforms may affect you.

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  • Unravelled: The Financial System Inquiry - matchmaking superannuation and infrastructure investment?

    8 July 2014

    The vast pool of capital held in Australian superannuation funds (now approximately A$1.8 trillion) has long been touted as a natural solution to Australia's infrastructure funding deficit. With the stable long-term cash flows characteristic of infrastructure assets providing a natural fit to the liability profile of the typical superannuation fund, the two seem a perfect match. However, in the words of Shakespeare, 'the course of true love never did run smooth'.

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  • Focus: SOPA adjudications in Western Australia - only the applicant can win!

    3 July 2014

    The Supreme Court of Western Australia has held that under that state's security of payment legislation, an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication. An adjudicator may consider the counterclaim, but only in the context of whether any amount is payable to the applicant. A respondent who seeks to recover money by reason of a counterclaim must initiate a separate adjudication. Partner Michael Hollingdale, Managing Associate Jeremy Quan-Sing and Associate Helen Dolling report.

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  • Focus: Budget wrap - significant infrastructure investment and divestment

    24 June 2014

    Following last week's release of the New South Wales and South Australian budgets, it is clear that most state and territory budgets handed down since the Federal Budget have shown an alignment with the Federal Government's national agreement on infrastructure investment and asset recycling. Partner Paul Kenny and Senior Associates Emin Altiparmak and Penny Alexander and look at the implications of the policy.

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  • Client Update: 'One stop shop' environmental approvals a step closer in Queensland and NSW

    19 May 2014

    A 'one stop shop' for Commonwealth and state environmental approvals in Queensland and New South Wales is a step closer with the release of draft Approval Bilateral Agreements. If implemented as planned, Queensland and New South Wales will each become responsible for assessing and approving projects for the purposes of both state and Commonwealth environmental legislation. Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Gobind Kalsi report.

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  • Focus: Changes to infrastructure planning and charging in Queensland

    14 May 2014

    A new infrastructure planning and charging framework for Queensland has been proposed by the State Government. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis report on the changes to be introduced by the new framework.

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  • Focus: National Partnership Agreement on Asset Recycling

    14 May 2014

    The National Partnership Agreement on Asset Recycling between the Commonwealth and each of the states and territories firmly entrenches asset recycling for the next five years (at least). In last night's Budget, the Federal Budget announced $5 billion will be made available to fund payments to the states and territories. This could see existing state-owned infrastructure assets sold off to invest in significant major new works. Partner John Greig looks at the Agreement's implications.

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  • Focus: Productivity Commission - third party litigation funding and contingency fees

    17 April 2014

    The Productivity Commission's draft report on its inquiry into Australia's system of civil dispute resolution has now been released. The comprehensive review focuses on ways to constrain costs and promote access to justice. One of the areas the Productivity Commission is examining is Australia's private funding for litigation regime, focusing on third party litigation funding and contingency fees. Partner Peter O'Donahoo, Senior Associate Tim Maxwell and Lawyer Simone Kaser report

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  • Focus: Draft NSW Biodiversity Offsets Policy for Major Projects

    16 April 2014

    The NSW Government has released a draft Biodiversity Offsets Policy for Major Projects that will apply to the assessment of State Significant Development and State Significant Infrastructure. Partner Paul Lalich, Senior Associate Trent March and Lawyer Dennis Smith consider the implications of the draft policy in the context of the State Government's ongoing planning reforms.

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  • Client Update: Security of payment laws to come into force in NSW

    11 April 2014

    New amending security of payment legislation will soon come into force in NSW that will provide greater protection and certainty for subcontractors in the contracting chain. Partner Leighton O'Brien and Lawyers Will Coote and Jerome Entwisle look at what will change and the implications.

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  • Client Update: Release of 3rd Edition Corporate Governance Principles and Recommendations

    10 April 2014

    The ASX Corporate Governance Council has released the 3rd edition of its Corporate Governance Principles and Recommendations. Although the 3rd edition largely reflects the amendments proposed in the earlier consultation draft released in August 2013, a number of new amendments have been added that will have implications for listed entities' corporate governance practices. Partner Robert Pick and Senior Associate Hannah Biggins discuss these key changes.

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  • Focus: Significant changes to Victorian Civil and Administrative Tribunal powers

    26 March 2014

    New legislation will implement significant changes to the administration of the Victorian Civil and Administrative Tribunal in a bid to improve efficiencies. Special Counsel Meg Lee and Lawyer Katherine Kirby discuss the key changes to VCAT's powers in the context of its planning jurisdiction.

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  • Linklaters Insights: Set to revive: Investing in Europe's infrastructure

    13 March 2014

    2012 saw some small, but positive, steps in the area of intellectual property enforcement within China, according to the recently released 2012 annual report of China's Supreme People's Court.

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  • Focus: Productivity Commission's final report on the National Access Regime

    24 February 2014

    The Productivity Commission's final report on its review of Australia's National Access Regime has now been released. The report supports the continuation of the National Access Regime subject to reforms, including altering the criteria for the application of access regulation. However, with the Coalition Government's response effectively becoming part of the 'root and branch' review of Australia's competition laws, the current uncertainty for infrastructure providers and users is likely to continue for another 12 months. Partner Ted Hill, Senior Associate John Hedge and Lawyer Rowan Kendall report.

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  • Focus: Indonesia announces forward Public Private Partnership program

    18 December 2013

    Investors, lenders and contractors considering investing in Indonesia's PPP projects will find Indonesia's PPP Book 2013 a valuable resource, with 27 infrastructure projects worth US$47.3 billion listed. A range of sectors are covered, including rail, road, port, water and power generation, and some projects are likely to come forward for tender next year. Allens Partner Steve Pemberton and Partners Anhar Rivai and Yolanda Hutapea of Widyawan & Partners report.

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  • Client Update: Queensland consolidates state interests in land use planning and development

    3 December 2013

    The release of the State planning policy is another milestone in Queensland's planning reform agenda. It consolidates ten existing policies into a single document, which presents a consistent and coherent statement of the State's interest in land use planning and development. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis look at the detail of the new policy.

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  • Focus: The NSW Planning Bill 2013 - Part IV - appeals and enforcement

    19 November 2013

    In this fourth and final article in our series providing commentary on the NSW Planning Bill 2013, Partner Paul Lalich and Senior Associate Trent March discuss the appeals and enforcement provisions in the Bill that was recently introduced into Parliament.

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  • Client Update: Amending security of payment legislation in NSW

    14 November 2013

    In response to the Collins Report into insolvency in the NSW building industry, the State Government is amending its security of payment legislation. Partner Leighton O'Brien and Law Graduate William Coote look at the changes and what they mean for certain aspects of future contracts in this industry.

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  • Focus: The NSW Planning Bill - Part III - infrastructure and development contributions

    30 October 2013

    In this third of our four-part series of articles providing commentary on the anticipated future direction of the NSW Planning Bill 2013, Partner Paul Lalich and Senior Associate Trent March discuss the infrastructure and development contributions regime proposed under the Bill.

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  • Focus: New authority launched and draft metropolitan planning strategy released

    22 October 2013

    The Victorian Minister for Planning has released a draft of the State Government's 40-year plan for Melbourne and, at the same time, has launched the new Metropolitan Planning Authority that is charged with implementing the plan. Special Counsel Meg Lee and Lawyer Will Duffy review the key features of the plan and the authority.

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  • Focus: The NSW Planning Bill - Part I - strategic planning

    3 October 2013

    In response to more than 4500 submissions to its new planning regime, as delineated in the White Paper - A New Planning System for NSW - and an exposure draft of new legislation, the NSW Government has deferred the introduction of the Planning Bill 2013. In the first of four articles that will look at various aspects of the Bill, Partner Paul Lalich and Senior Associate Trent March discuss the response of the public and industry on the current and likely future composition of the strategic planning framework provided for in the Bill.

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  • Focus: Western Australia's new water future

    2 October 2013

    Significant reforms to Western Australia's water resource management will have implications for existing and future water users across all industries. These reforms have been foreshadowed in the WA Department of Water's position paper on water resource reform, released last week. Partner Jodi Reinmuth and Senior Associate Eve Lynch report on the State's proposed new legislative and policy framework for managing and allocating water.

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  • Client Update: Changes to draft NSW Planning Bill

    26 September 2013

    The anticipated introduction of the draft Planning Bill 2013 to the New South Wales Parliament has been deferred. Instead, the Government has outlined a range of anticipated amendments to the exposure draft. Partner Paul Lalich and Senior Associate Trent March report.

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  • Focus: Tax loss incentive for nationally significant infrastructure projects

    14 August 2013

    After a long period of scoping, consultation and review, concessional treatment for the tax losses of entities undertaking nationally significant infrastructure projects has become law. Under the measure, which was announced in the 2011-12 Federal Budget, eligible losses can be uplifted by the long-term Government bond rate and the loss integrity rules are moderated. Partner Martin Fry and Lawyer Timothy Stokes look at how it will work in practice.

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  • Focus: Dispute resolution clauses: are yours enforceable?

    30 July 2013

    A recent Victorian Supreme Court decision has reinforced the need for dispute resolution clauses to set out the process to be followed to resolve a dispute with sufficient certainty to enable them to be enforceable. Partner Nick Rudge, Senior Associate Nicholas Gallina and Law Graduate Emily Giblin report on the case.

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  • Client Update: Breaking Ground

    29 July 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.

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  • Focus: Proposed reorientation of EFIC's role and the impact on project and infrastructure financing transactions.

    16 July 2013

    The Foreign Affairs, Defence and Trade Legislation Committee has tabled in the Senate its committee report recommending new legislation that, if enacted, will reorient the role of the Export Finance and Insurance Corporation towards supporting exports by small and medium business enterprises and, otherwise, towards addressing 'market failures' that may impede Australian exporters. The legislation will also increase EFIC's power to provide assistance to foreign subsidiaries of Australian-based SMEs. Partner Phillip Cornwell, Special Counsel Debra Counsell and Lawyer Amy Cashman report.

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  • Client Update: Breaking Ground

    15 July 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.

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  • Client Update: Victoria gets smarter with fast-tracked VicSmart planning process

    11 July 2013

    Planning Minister Matthew Guy has released a discussion paper, together with draft regulations and planning scheme clauses, that sets up a proposed new assessment process for simple, straightforward planning applications. VicSmart applications will be exempt from notice, referral and appeal processes and require that a decision is made by the local Council Chief Executive Officer within 10 days from the application being lodged. Special Counsel Meg Lee takes a closer look at the details of the proposal.

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  • Focus: Post-termination payment claims - new issues

    8 July 2013

    A recent decision has upheld that a party to a terminated construction contract cannot make a subsequent payment claim under BCIPA. Partner Ren Niemann and Overseas Practitioner Andrew Middleton report on the case and its implications.

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  • Focus: National infrastructure plan revealed

    5 July 2013

    Infrastructure Australia has released a 50-year plan for national infrastructure, including an update to the national infrastructure priority list. The plan identifies key infrastructure challenges, and what needs to be done to address them in the near and long-term future. Partner Emma Warren and Lawyer Freya Dinshaw report.

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  • Client Update: Breaking Ground

    28 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.

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  • Focus: Uncertain times ahead - the Queensland Building Services Authority no longer!

    20 June 2013

    The Queensland Government recently launched its 'Ten Point Action Plan' which it proposes will restructure the regulation of Queenland's construction industry. As part of that process, the Queensland Building Services Authority will be replaced by the Queensland Building and Construction Commission. Partner Ren Niemann and Lawyer Goran Gelic report on this development and its implications.

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  • Client Update: Breaking Ground

    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.

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  • Focus: Serving a response - just press send?

    5 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.

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  • Client Update: Breaking Ground

    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.

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  • Focus: Examinees out of the loop

    27 May 2013

    A recent decision of the Full Court of the Federal Court confirms that the Australian and Securities Investments Commission may authorise receivers as eligible to apply for examination summonses without giving the potential examinee an opportunity to be heard. Partner Philip Blaxill and Law Graduate Katherine Glossop report.

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  • Client Update: Breaking Ground

    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.

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  • Focus: Workplace Relations

    17 May 2013

    We report on union eligibility rules; what constitutes an offer of acceptable alternative employment; the consequences of an employee's refusal of a settlement offer; an ATO ruling on ordinary hours of work; and whether a complaint about employment made to an employer can constitute a 'workplace right'.

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  • Focus: Are you at risk of a SOPA claim by your contractor's subbies?

    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.

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