261-270 of 389 results
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
Contractors face uphill battle restraining security calls
The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...
Court determines Native Title compensation for the first time
Yesterday afternoon the Federal Court handed down a decision which for the first time provided judicial consideration of how to calculate native title compensation A decision on this issue has been long awaited ever since the Native Title Act commenced in 1994 Partner Ben Zillmann Senior Associate ...
Registering Indigenous Land Use Agreements - it's all or nothing
In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...
Security of the Cape Preston port affirmed in appeal decision
The FCACFC decision in Mineralogy affirms that commercial agreement terms between parties can be impacted by later agreements between those parties and by state agreements, and emphasises the care commercial drafters need to take. ...
International Comparative Legal Guide to Project Finance 2018 - Australia
Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance Among other factors they discuss restrictions on foreign investment bankruptcy and restructuring proceedings tax and political risk in relation to changes in law ...
Extensive recommendations on security of payment released
The Federal Government has released John Murray AMs report into Australian security of payment regimes The Review includes an extensive range of recommendations aimed at achieving legislative best practice and balancing the often competing interests of stakeholders Importantly it makes the case that ...
Important changes to BCIPA in Queensland
Queenslands Department for Housing and Public Works has released details of fundamental amendments to the Building and Construction Industry Payments Act proposed to come into effect this year Partner Dan Young and Overseas Practitioner Andrew Middleton report on the key reforms proposed and their ...
SOPA adjudications in Western Australia - only the applicant can win!
The Supreme Court of Western Australia has held that under that states 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 ...
New port zone for Geelong, Hastings and Portland
A new Port Zone has been applied to three major Victorian ports at Geelong Hastings and Portland with announcements that it will make it easier for port operations to expand The Port of Melbourne however is not included in the new zone consistent with the State Governments intention to develop the ...