281-290 of 313 results
When performance is personal – the hazards of subcontracting without consent
A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...
The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
Stamp duty and land tax developments - Victoria and Northern Territory
Victoria is proposing to limit its off-the-plan duty concession; extend the scope of its sub-sale duty provisions; and introduce a vacant residential property tax ...
Land tax recovery - no, yes, no again
The Queensland Government is proposing legislation that will restore a prohibition on landlords requiring tenants to pay land tax under commercial leases entered into after 1 January 1992 and before 30 June 2009 This essentially negates the effect of a Supreme Court decision that land tax from 30 ...
Build-to-rent - structures for success
While it is an established asset class offshore particularly the US and UK the build-to-rent market in Australia is in its infancy For build-to-rent to become an established asset class in Australia social legal tax and broader economic challenges need to be overcome Recent legislative reform and a ...
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. ...
Navigating split dispute resolution clauses – where's Google Maps when you need it?
A recent Supreme Court of Victoria decision sounds a warning to principals and contractors alike – your dispute resolution clause must be clear and unambiguous, because the court will not go out of its way to cure a commercially peculiar, but perfectly workable, clause. ...
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 ...
PNG's ownership of minerals and hydrocarbons
The Papua New Guinea Constitution will be amended to reflect the states ownership of hydrocarbons and minerals under proposals to be put before the PNG Parliament Partner Vaughan Mills and Senior Associate Sarah Kuman report on the implications of these amendments ...
UltraTune penalty put in reverse; record penalties for vocational course provider; and ACCC's coal cartel appeal comes cascading down
The ACCC's litigation against Ultra Tune raises an array of implications for customer loyalty schemes. ...