1-10 of 126 results

When performance is personal – the hazards of subcontracting without consent
Insight 17 Dec 2019

A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...

NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Insight 13 Dec 2019

Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a ...

Healthcare trend watch 2019
Insight 09 Dec 2019

A review of the key trends in the healthcare sector throughout 2019 provides a clear picture of what to expect in the year ahead. On the investment front, opportunities abound across multiple and ...

New government procurement requirements introduced around Australia
Insight 09 Dec 2019

New, wide-reaching requirements for government procurement processes have recently been implemented around Australia, following the ratification of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and other Free Trade Agreements with Australia's key trading partners. These new requirements have significant implications for government departments and agencies, as well as tenderers for government contracts, particularly those with foreign shareholders or affiliations. We examine the procurement requirements and how they have been adopted around Australia. ...

Build-to-rent: key to unlocking the future liveability of Australia's cities
Insight 25 Nov 2019

The dial is shifting for Australian cities. Consumer priorities have changed, placing increasing emphasis on the need for accommodation that's close to work, offers high quality amenities and guarantees security of tenure. In our latest ...

Report: Australian Infrastructure Investment Report 2019
Insight 15 Nov 2019

Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects.  ...

Federal Court hangs up on ACCC over TPG pre-payments; ACCC calls for more claret-y between winemakers and growers; and Viva/Liberty deal gets green light
Insight 25 Oct 2019

Court hangs up on ACCC over TPG pre-payments The Federal Court has dismissed the ACCC's case against TPG for making alleged false or misleading representations to its customers and including an ...

Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
Insight 14 Oct 2019

In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a ...

UltraTune penalty put in reverse; record penalties for vocational course provider; and ACCC's coal cartel appeal comes cascading down
Insight 30 Sep 2019

UltraTune penalty put in reverse In January this year, Ultra Tune Australia Pty Ltd was fined $2.6 million for breaches of the Franchising Code of Conduct, and for making false or misleading ...

Builders' duty of care for defective works continues to narrow
Insight 23 Sep 2019

A recent UK decision 1 continues the judicial trend of limiting the circumstances in which a builder will be liable in negligence for pure economic loss caused by its defective works. It emphasises ...

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