251-260 of 378 results
The Public-Private Partnership Law Review
Partners David Donnelly and Nicholas Ng examine public-private partnerships PPPs in Australia including the year in review the general framework bidding and award procedures recent decisions and the outlook for 2015 ...
When are LDs a penalty?
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 ...
There's no such thing as a free lunch (or road): user charges and road pricing
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 ...
Painting the full picture: certifiers and financiers in projects
A recent decision of the UK High Court provides valuable instructions to both financiers and consultants regarding their obligations in monitoring project developments Partners Nick Rudge view CV and David Donnelly view CV and Lawyer Patrick Easton report on the decision in Lloyds Bank plc v McBains ...
Mergers & Acquisitions: changes to Australia's foreign investment framework
The Australian Government has announced wide reaching changes to Australias foreign investment framework that will apply from 1 December 2015 Partner Wendy Rae reports on the potential impacts of the changes which include new fees stricter enforcement and penalties and increased scrutiny around ...
NSW Budget 2015-16
A significant suite of infrastructure projects across transport public housing health and prisons as well as new bodies to facilitate their delivery have been announced in the NSW Budget Partner Leighton OBrien and Associate Dennis Smith report ...
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 ...
Capturing value - NSW's ambitious infrastructure programme
Allens Partners Paul Kenny and Tim Stewart hosted a roundtable with the NSW Treasurer Gladys Berejiklian in Sydney involving fund managers and financiers to talk about how the private and public sector can work together to deliver on NSWs ambitious infrastructure programme ...
Resolving and valuing disputed variation claims under BCIPA in Victoria
The Victorian Court of Appeal has confirmed that a dispute resolution clause providing for mediation is insufficient to exclude variations claims from the statutory adjudication process under the Victorian Security of Payment regime The decision also confirms that when determining the value of a ...
Compliance with multi-tiered dispute resolution clauses
The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...