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International Comparative Legal Guide to Project Finance 2018 - Australia
Insight 25 May 2018

Partners Ben Farnsworth and Michael Ryan outline the main trends and significant developments in Australian project finance Among other factors they discuss restrictions on foreign investment bankruptcy and restructuring proceedings tax and political risk in relation to changes in law ...

One click from meltdown - cyber attacks on critical infrastructure
Insight 03 May 2018

Security experts have been predicting for some time that as critical infrastructure networks become smarter more automated and more connected they will also become more vulnerable to cyber threats Reports last week of extensive attacks on critical infrastructure by hackers associated with the ...

Disputes as to the validity of an agreement - a matter for arbitration or the courts?
Insight 13 May 2019

A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes under a deed or agreement can be broad enough to capture disputes about the validity of the agreement ...

Lag and loss: managing the impacts of delay in project delivery
Insight 04 Jun 2019

Three recent UK decisions highlight contractual mechanisms for managing aspects of risks associated with delay in project delivery Projects Partner Leighton OBrien considers the implications for projects in Australasia ...

Builders' duty of care for defective works continues to narrow
Insight 23 Sep 2019

A recent UK decision1 continues the judicial trend of limiting the circumstances in which a builder will be liable in negligence for pure economic loss caused by its defective works. ...

Report: Australian Infrastructure Investment Report 2019
Insight 14 Nov 2019

Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects.  ...

There's no such thing as a free lunch (or road): user charges and road pricing
Insight 26 Jun 2015

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 ...

UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

When are LDs a penalty?
Insight 08 May 2015

The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...

Glencore's Newcastle success opens the channel for further access regulation
Insight 01 Jun 2016

Glencore has succeeded in its bid to have the access to the Newcastle shipping channel declared under Australias national access regime The Australian Competition Tribunals decision reversed the acting Treasurers decision and has settled for now the uncertainty about the interpretation of the ...

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