151-160 of 563 results
The resurrection of rise and fall mechanisms in infrastructure contracts
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. ...
Lessons from Daewoo v INPEX: calls on bank guarantees
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. ...
Aged care reform: back on the agenda
In this Insight, we focus in on the key regulatory enforcement and provider governance reforms to be implemented under the Royal Commission Response Bill and the implications for approved providers. ...
In Touch: Energy industry granted interim authorisation and other developments
The latest in competition and consumer law. ...
In Touch: ACCC announces 2022–23 Product Safety Priorities and other developments
The latest in competition and consumer law. ...
'Rate my builder' – next step in NSW Government rating regime
Marking a further step in the New South Wales Government's 'Construct NSW' building and construction industry reforms, the Independent Construction Industry Ratings Tool (iCIRT) – which assesses construction professionals against a series of criteria2 – has released the first 19 developers and builders to have a public rating. In this Insight, we explain iCIRT's potential impact, and what action construction professionals and businesses can be taking now. ...
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. ...
In Touch: ACCC institutes proceedings against Uber; and other developments
In Touch: ACCC institutes proceedings against Uber; and other developments ...
An election won on ESG: what does a Labor Government mean for ESG and business?
ESG has become a significant focus for business — both as a key risk and/or opportunity to drive value and growth. With a new Labor Government, ESG is set to remain at the top of the corporate agenda, given a suite of proposed policies that would reframe how businesses grapple with ESG considerations. In this Insight, we provide a snapshot of the Labor Government's roadmap on ESG, and actions businesses can take now to prepare. ...