131-140 of 266 results
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 ...
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. ...
Changes to infrastructure planning and charging in Queensland
A new infrastructure planning and charging framework for Queensland has been proposed by the State Government Special Counsel Rosanne Meurling and Senior Associate Michael Zissis report on the changes to be introduced by the new framework ...
New stormwater licencing in the pipeline
New legislation that seeks to establish a statutory framework for the access to and use of stormwater in Victoria is an attempt to increase the use of stormwater in urban areas and furthers the Victorian Governments policy of limiting the diversion of water from rural areas for urban use The process ...
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 ...
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 ...
ACCC 2019 Enforcement Priorities
A number of industries and issues are in the spotlight following release of the ACCCs 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February ...
Land tax recovery - no, yes, no again
The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...