201-210 of 268 results
Judicial review of adjudication determinations - a new expansive approach?
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 ...
New Developer Levies to apply in Victoria
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 ...
New guidelines for unsolicited proposals for State-owned land in WA
The WA Government has issued its formal guidelines for unsolicited proposals for the sale or lease of State-owned land By embracing the possibility of unsolicited proposals as opposed to encumbering every development opportunity with a procurement process and by expressing a willingness to engage ...
Certainty to return to Aboriginal cultural heritage in Queensland
Project proponents and operators in Queensland can breathe a sigh of relief following the introduction of a Bill to restore certainty and validity to agreements for the management of Aboriginal cultural heritage in that state. ...
Developers should tread carefully following dramatic stamp duty changes in Victoria
The Victorian Government has proposed amendments to the Duties Act which could have a dramatic impact on the stamp duty outcomes for development projects particularly for residential developments and other fee for service arrangements for real estate in Victoria. ...
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 ...
The hotel window closes - no vulnerability where a contract exists
The High Court recently overturned a NSW Court of Appeal decision that stated a building contractor owed a duty of care for pure economic loss for defective work to a successor in title to the developer of commercial premises. ...
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 ...
Recovery of land tax from commercial tenants in pre-30 June 2009 Queensland leases
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. ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...