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Amendments to Federal environmental regulation
Insight 28 Aug 2014

The Federal Government has implemented a variety of policy and legislative reforms to its environmental approvals regime Partner Chris Schulz Senior Associate Emily Gerrard and Associate Katherine Kirby report on two legislative amendments that facilitate recent reforms the introduction of a user ...

New Victorian Market-led Proposals Guideline
Insight 19 Dec 2017

The Victorian Government has recently released an updated version of its Market-led Proposals Guideline also known as unsolicited proposals in other states which affirms its continued focus on market-led infrastructure and services projects and provides increased clarity for proponents around the ...

Class action and litigation funding review - ALRC grapples with thorny issues
Insight 06 Jun 2018

As part of its current inquiry into class actions and litigation funders the Australian Law Reform Commission has released a discussion paper that is a timely contribution to the long-running debate on the appropriate regulation of class action proceedings and litigation funding In general it ...

Infrastructure investment in Australia - the road ahead for institutional investors
Insight 11 Dec 2017

With large-scale privatisations slowing and intense competition for assets that do come to market institutional investors are looking to non-traditional assets to provide similar long-term stable and predictable returns ...

Show me the data! Introducing the Consumer Data Right
Insight 10 Sep 2018

On 15 August the Federal Government released exposure draft legislation that if passed will establish an economy-wide consumer-directed data transfer system The latest sprint in a marathon of reviews reports and recommendations over the past few years that have called for the adoption of some form ...

How ipso facto provisions (and exemptions) affect project finance - both good and bad news
Insight 05 Sep 2018

This Insight examines some of the key issues arising out of the new ipso facto contracts regime which came into effect on 1 July 2018 ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...

Polluter pays principle in action
Insight 23 Feb 2016

In a recent decision of the Victorian Supreme Court a Melbourne municipal council was held liable to compensate a landowner for the costs that were incurred by the landowner in the course of complying with a clean-up notice issued under the Environment Protection Act 1970 Vic despite the pollution ...

Court determines Native Title compensation for the first time
Insight 25 Aug 2016

Yesterday afternoon the Federal Court handed down a decision which for the first time provided judicial consideration of how to calculate native title compensation A decision on this issue has been long awaited ever since the Native Title Act commenced in 1994 Partner Ben Zillmann Senior Associate ...

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 ...

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