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Construction contracts and the new 'ipso facto' insolvency reforms
Insight 01 Jun 2018

New insolvency legislation that is designed to provide greater opportunities to restructure failing businesses both before and during external administration has recently been passed ...

Land tax recovery - no, yes, no again
Insight 15 Jun 2017

The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...

Security of the Cape Preston port affirmed in appeal decision
Insight 07 Apr 2017

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. ...

ACCC 2019 Enforcement Priorities
Insight 28 Feb 2019

A number of industries and issues are in the spotlight following release of the ACCCs 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February ...

When are LDs a penalty?
Insight 08 May 2015

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 ...

WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
Insight 21 May 2015

The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...

Changes for developing wind farms in Queensland
Insight 09 May 2014

The Queensland Government has released a draft code and guideline that empowers the State to assess and decide any future wind farm projects in Queensland Partner Bill McCredie and Senior Associate Anna Vella look at the Queensland Governments new role and consider the draft code and guideline ...

Recent developments in uranium
Insight 12 Aug 2014

Partner Richard Malcolmson and Senior Associates Emily Gerrard and Anna Vella report on recent developments in the Australian uranium sector including Queenslands framework for uranium mining the Western Australian regulators recommendation to proceed with uranium mining at Kintyre and the Federal ...

New stormwater licencing in the pipeline
Insight 22 Sep 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 Governments policy of limiting the diversion of water from rural areas for urban use The process ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

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 ...

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