141-150 of 330 results
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
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. ...
Beware the stamp duty pitfalls of nominee clauses and resulting trust exemptions – discussion of the Victorian case of Hartman
The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...
New year, new regulations: what to know about EP&A Regulation
The Environmental Planning and Assessment Regulation 2021 (2021 Regulation) comes into effect on 1 March 2022. Here, we explain the key things you need to know to prepare yourself for these changes. ...
In Touch: ACCC successfully appeals Employsure Google Ads case; and other developments
ACCC successfully appeals Employsure Google Ads case; Decathlon fined; ACCC commences proceedings against Mercedes-Benz re Takata airbags; Phoenix Institute ruled to have acted unconscionably; Country Press Australia given the green light to collectively bargain with Google and Facebook; ACCC commences proceedings against Telstra, Optus and TPG re NBN speeds ...
Proposed Design and Place SEPP – creating further complexity in our planning system?
The Explanation of Intended Effect for the proposed Design and Place SEPP, presently on public exhibition, signals major change to the assessment requirements for all development in NSW. Improving design outcomes in the built environment is important, but will the proposed SEPP be the right vehicle to achieve this objective, or will it add another layer to an already complex planning system? ...
Australia - Fund Finance 2020
The fund financing market in Australia continued to be buoyant in 2019. Private equity, infrastructure and real estate funds remain the main drivers of volume, with an increasing number of newly raised as well as existing private debt funds also capitalising on the market's additional liquidity and ...
In Touch: the latest ACCC authorisations letting businesses work together during the pandemic; a spanner in the works for a power tool distributor's plans to set minimum prices; and ACCC COVID-19 Taskforce's success with early intervention
ACCC grants further authorisations to allow businesses to work together during pandemic Since 20 March 2020, the ACCC has granted 16 authorisations across a range of industries, allowing businesses to ...
In Touch: Delta's bid rigging on full display; and other developments
The latest in competition and consumer law. ...
1972 is calling: repeal of the Aboriginal Cultural Heritage Act 2021 (WA)
Just five weeks after its commencement, the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) has been repealed, and will be replaced with an amended version of the Aboriginal Heritage Act 1972 (WA) (1972 Act) – the very legislation it was intended to overhaul. ...
Future-proofing the energy transition: strategies for mitigating project disputes
In this Insight, we explore the major trends that we believe will prove the most fertile ground for future projects disputes. ...