131-140 of 265 results
Contractors face uphill battle restraining security calls
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 ...
Are property development agreements subject to stamp duty in Victoria?
The Victorian Supreme Court has ruled that a property development agreement is not subject to duty in Victoria unless it relates to all of the landholdings of a landholder The decision which is the first to test the extent to which property development agreements are subject to duty in Victoria ...
Queensland property legislation passed (incl 20% deposit)
The Land Sales and Other Legislation Amendment Bill 2014, which will streamline the sale of property in Queensland, was passed by the Queensland Parliament yesterday. Partner Alister Fitzgerald provi ...
Lend Lease Development - will the High Court be moved on what 'moves' the transfer?
In Lend Lease Development Pty Ltd v Commissioner of State Revenue, the Victorian Court of Appeal decided that certain 'development contributions' made by a purchaser to a vendor did not form part of the consideration that 'moved' the transfer of land to the purchaser. ...
Polluter pays principle in action
In a recent decision of the Victorian Supreme Court a Melbourne municipal council was held liable to compensate a landowner for the costs that were incurred by the landowner in the course of complying with a clean-up notice issued under the Environment Protection Act 1970 Vic despite the pollution ...
Plan Melbourne: refresh of Victoria's metropolitan planning strategy
Housing affordability climate change and energy efficiency are key focuses of the discussion paper recently released by the Victorian Planning Minster which aims to refresh the current Melbourne Metropolitan Planning strategy Plan Melbourne The paper draws upon the detailed report prepared by the ...
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 ...
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 ...
Construction contracts and the new 'ipso facto' insolvency reforms
New insolvency legislation that is designed to provide greater opportunities to restructure failing businesses both before and during external administration has recently been passed ...
Registering Indigenous Land Use Agreements - it's all or nothing
In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...