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The resurrection of rise and fall mechanisms in infrastructure contracts
Insight 05 Oct 2022

Against the backdrop of the war in Ukraine, ongoing supply chain challenges associated with COVID-19 and a red-hot infrastructure market, 2022 was the year that Australian contractors firmly rejected the traditional approach to input cost risk allocation. ...

Australian Infrastructure Investment report 2022
Insight 27 Sep 2022

Australia’s mature and stable market has maintained investor confidence and continues to be a leading destination for investment. However, investors face a range of challenges, particularly supply chain constraints and economic instability, due to rising inflation and higher costs of borrowing. ...

Lessons from Daewoo v INPEX: calls on bank guarantees
Insight 07 Sep 2022

Last week the NSW Supreme Court published an important decision concerning a principal's ability to call on a bank guarantee in circumstances where a contractor is facing financial troubles and/or potential insolvency in Daewoo v INPEX [2022] NSWSC 1125. ...

Allens advises TfNSW on $2.2 billion Coffs Harbour Bypass Project
News 20 Jun 2022

The project includes a 14 kilometre bypass of Coffs Harbour, which will save 11 minutes travel time. The project forms part of the Pacific Highway upgrade, which is one of the largest road ...

Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
Insight 17 Jun 2022

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

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