The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...

Further amendments to existing property legislation that aims to streamline the sale of property particularly in respect of the sale of off-the-plan lots have been introduced into the Queensland Parliament These amendments will be of substantial benefit to developers Partner Alister Fitzgerald ...

Queenslands Department for Housing and Public Works has released details of fundamental amendments to the Building and Construction Industry Payments Act proposed to come into effect this year Partner Dan Young and Overseas Practitioner Andrew Middleton report on the key reforms proposed and their ...

The Ministerial Advisory Committee appointed to review the Victorian State Planning Policy Framework has released a draft version of a new Planning Policy Framework that reorganises the policy framework into themes and updates the policy content to include new policies to support Plan Melbourne and ...

New amending security of payment legislation will soon come into force in NSW that will provide greater protection and certainty for subcontractors in the contracting chain Partner Leighton OBrien and Lawyers Will Coote and Jerome Entwisle look at what will change and the implications ...

A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...

The Supreme Court of Queensland has concluded that landlords of pre-30 June 2009 commercial leases in Queensland are entitled to recover land tax from tenants from 30 June 2010, despite earlier legislation which purported to restrict such recovery. ...

Legislation has been introduced in Victoria to provide for new standard infrastructure levies to fund local infrastructure such as roads community centres kindergartens maternal and child health facilities local parks and sporting facilities ...

In a recent decision the Supreme Court of Western Australia quashed two adjudication determinations on the basis of jurisdictional error At the core of the decision was a finding that the adjudicator had misapplied the terms of the relevant construction contract The decision suggests that an ...

Whether or not to more broadly adopt a user-pays model for road infrastructure is a contentious debate within Australia A number of industry participants and bodies have shown leadership in framing and enriching the debate while others have sought to politicise or inflame the core issues Partner ...