281-290 of 317 results
Disputes as to the validity of an agreement - a matter for arbitration or the courts?
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
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
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. ...
Healthcare trend watch 2019
The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...
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. ...
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 ...
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 ...
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. ...
Public authorities - reduced protection against negligence
In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...
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 ...