221-230 of 266 results
Painting the full picture: certifiers and financiers in projects
A recent decision of the UK High Court provides valuable instructions to both financiers and consultants regarding their obligations in monitoring project developments Partners Nick Rudge view CV and David Donnelly view CV and Lawyer Patrick Easton report on the decision in Lloyds Bank plc v McBains ...
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 ...
NSW Budget 2015-16
A significant suite of infrastructure projects across transport public housing health and prisons as well as new bodies to facilitate their delivery have been announced in the NSW Budget Partner Leighton OBrien and Associate Dennis Smith report ...
There's no such thing as a free lunch (or road): user charges and road pricing
Whether or not to more broadly adopt a user-pays model for road infrastructure is a contentious debate within Australia A number of industry participants and bodies have shown leadership in framing and enriching the debate while others have sought to politicise or inflame the core issues Partner ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...
WA State Budget - Government responds to economic conditions by significantly widening asset sales program
In its 2015 Budget handed down yesterday the WA Government confirmed the expansion of its asset sales program to manage the states debt In response to the first forecast budget deficit in WA in 15 years a significant new second tranche of assets has been added to the sales program Partners Andrew ...
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 ...
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 ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...