181-190 of 269 results
Vendor's IM - Get it wrong, pay the damages bill
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 ...
Draft planning policy framework for Victoria - open for comment
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 ...
Rural leasehold in Queensland now more attractive for investors
New legislation in Queensland that implements a range of reforms for leasehold land has been passed and will commence on a day to be fixed by proclamation The reforms will provide greater security of tenure for rural leaseholders and are likely to make such leases more attractive to investors ...
Final version of Metropolitan Planning Strategy released
Following consultation and feedback a final version of the Metropolitan Planning Strategy known as Plan Melbourne has been launched While the focus of Plan Melbourne continues to be on employment cluster locations and urban renewal opportunities there is also a renewed focus in the final document on ...
Adjudications under WA's SOPA legislation - enforcement by statutory demands clarified
The WA Supreme Court has provided important clarification on the enforcement of adjudication determinations by the use of statutory demands under that States security of payment legislation It has confirmed that leave to enforce an adjudication determination as a judgment must be obtained before the ...
Changes recommended to the Regional Planning Interests Bill
The Queensland State Development Infrastructure and Industry Committee has recommended aspects of the Regional Planning Interests Bill 2013 be amended Partner Bill McCredie and Senior Associate Michael Zissis outline the committees key recommendations and the next steps towards the implementation of ...
Update on the new costs rules in the Queensland Planning and Environment Court
A recent Queensland Planning and Environment Court decision sheds light on the application of the new rules for awarding costs following a trial Special Counsel Rosanne Meurling and Lawyer David Thorpe consider the recent judgment and provide an update regarding the implications for parties to ...
Make informal payment arrangements for construction work at your own peril
A recent decision of the New South Wales Supreme Court serves as a timely reminder that a construction contract under security of payment legislation can include an arrangement to carry out construction work that is not legally enforceable Managing Associate Nicholas Ng Associate Matt Thomas and ...
Australian landholder duty: avoid the pitfalls of an ever expanding duty base
An increased focus on taxing indirect real property transfers has seen the 'land-rich' or 'landholder' duty rules expand significantly over the years, resulting in far more transactions being liable to duty. ...
SOPA adjudications in Western Australia - only the applicant can win!
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 ...