121-130 of 271 results
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...
Best practice approach to communications between principals and superintendents
This Insight sets out practical tips on achieving best practice communications between principals and superintendents in order to avoid any perception of bias, and summarises recent case law on the consequences of failing to heed this guidance. ...
First NSW REZ access auction – a guide to LTESAs and access rights
The competitive tenders for long-term energy service agreements (LTESAs) are underway, forming part of the delivery of the NSW Energy Infrastructure Roadmap by the State Government. This Insight gives a high-level overview of the key terms of LTESAs and the REZ access rights agreements. ...
Housing and productivity contributions – what does this mean for development in NSW?
In this Insight, we consider the key implications of the new regime. ...
In Touch: ACCC successfully appeals Employsure Google Ads case; and other developments
ACCC successfully appeals Employsure Google Ads case; Decathlon fined; ACCC commences proceedings against Mercedes-Benz re Takata airbags; Phoenix Institute ruled to have acted unconscionably; Country Press Australia given the green light to collectively bargain with Google and Facebook; ACCC commences proceedings against Telstra, Optus and TPG re NBN speeds ...
In Touch: the latest ACCC authorisations letting businesses work together during the pandemic; a spanner in the works for a power tool distributor's plans to set minimum prices; and ACCC COVID-19 Taskforce's success with early intervention
ACCC grants further authorisations to allow businesses to work together during pandemic Since 20 March 2020, the ACCC has granted 16 authorisations across a range of industries, allowing businesses to ...
In Touch: Delta's bid rigging on full display; and other developments
The latest in competition and consumer law. ...
1972 is calling: repeal of the Aboriginal Cultural Heritage Act 2021 (WA)
Just five weeks after its commencement, the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) has been repealed, and will be replaced with an amended version of the Aboriginal Heritage Act 1972 (WA) (1972 Act) – the very legislation it was intended to overhaul. ...
Future-proofing the energy transition: strategies for mitigating project disputes
In this Insight, we explore the major trends that we believe will prove the most fertile ground for future projects disputes. ...