471-480 of 722 results
Misinterpretation of REC liability exemption leaves islanded generator high and dry
A decision by the Administrative Appeals Tribunal affirming an assessment by the Clean Energy Regulator as to the liability of an off-grid generator under the Renewable Energy Electricity Act 2000 Cth highlights the need for liable entities to carefully consider their reliance on the small systems ...
Judicial review of adjudication determinations - a new expansive approach?
In a recent decision the Supreme Court of Western Australia quashed two adjudication determinations on the basis of jurisdictional error At the core of the decision was a finding that the adjudicator had misapplied the terms of the relevant construction contract The decision suggests that an ...
Mandatory data breach notification scheme passed
The Federal Parliament has today passed the Privacy Amendment Notifiable Data Breaches Bill 2016 which will amend the Privacy Act 1988 Cth to introduce a mandatory data breach notification scheme ...
First step to implement a Common Resources Act in Queensland
The Queensland Government has passed legislation now currently awaiting assent that is the first stage of a program to rationalise the regulatory regime for all types of resources tenure in Queensland Partner Ben Zillmann Managing Associate John Hedge Senior Associate Gobind Kalsi and Associate ...
Investor-State dispute settlement under the Korea-Australia Free Trade Agreement
In a shift from the previous Australian Governments position a free trade agreement between Korea and Australia which was recently concluded by the new Coalition Government will include investor-state dispute settlement clauses ...
Public authorities - reduced protection against negligence
In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...
Resolving and valuing disputed variation claims under BCIPA in Victoria
The Victorian Court of Appeal has confirmed that a dispute resolution clause providing for mediation is insufficient to exclude variations claims from the statutory adjudication process under the Victorian Security of Payment regime The decision also confirms that when determining the value of a ...
Mergers & Acquisitions: changes to Australia's foreign investment framework
The Australian Government has announced wide reaching changes to Australias foreign investment framework that will apply from 1 December 2015 Partner Wendy Rae reports on the potential impacts of the changes which include new fees stricter enforcement and penalties and increased scrutiny around ...
Sizing up options for better apartments
Victorian Planning Minister Richard Wynne has made his views on apartments known through comments to the media and at industry events about small apartments where he can touch the ceiling and where the shower is over the toilet Mr Wynne has now released a discussion paper on better apartments ...
Revisions to FIRB Guidance Note 23: clarity for foreign government investors
Recent reforms to the Foreign Acquisitions and Takeovers Act 1975 Cth introduced new provisions that deem foreign government investors of the same country to be associates of each other These provisions have created practical difficulties for foreign government investors who risk unintentionally ...