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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 ...

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 ...

Painting the full picture: certifiers and financiers in projects
Insight 20 Oct 2015

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 ...

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. ...

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 ...

2018-19 Federal Budget - superannuation
Insight 15 May 2018

The 2018-19 Federal Budget has introduced a number of proposed superannuation-related changes, with a focus on protecting small balances, young members and existing retirees. ...

Confirmation of FATCA Status of Australian Superannuation Funds
Insight 16 May 2014

The Intergovernmental Agreement between Australia and the United States in relation to the implementation of the FATCA regime has been signed. ...

Protecting Your Superannuation Package - what you need to do, and when
Insight 07 Mar 2019

Recently passed legislation part of a package of reforms designed to protect Australians superannuation savings from undue erosion by fees and insurance premiums introduces a series of important changes that will create challenging implementation timeframes for funds and administrators ...

Bill to repeal equal representation rules for superannuation trustee boards
Insight 26 Jun 2015

Treasury today released what appears to be an extract from an Exposure Draft Bill that will remove the equal representation rules in the Superannuation Industry Supervision Act 1993 Cth and require at least a third of the directors of superannuation trustee boards to be independent If passed the ...

Productivity Commission's proposed alternate default models for superannuation
Insight 30 Mar 2017

In the latest and undoubtedly most significant of its reports into the design of default superannuation arrangements in Australia the Productivity Commission yesterday released its Draft Report in relation to Superannuation Alternative Default Models Partner Geoff Sanders of the Allens ...

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