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When performance is personal – the hazards of subcontracting without consent
Insight 17 Dec 2019

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. ...

Allens closes landmark deal with Sydney Metro PPP
News 17 Dec 2019

Allens has advised the Northwest Rapid Transit consortium on the financial close of the $3.7 billion Public Private Partnership for the next stage of the Sydney Metro. ...

NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Insight 13 Dec 2019

Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...

Allens advises on purchase of prime North Sydney office development
News 13 Dec 2019

The office tower, which is due to be completed in 2020, will include first-class amenities, a rooftop terrace and lobby café. 'We were pleased to advise leading global asset manager, CBRE Global ...

Draft South East Queensland Koala Conservation Strategy 2019-2024
Insight 11 Dec 2019

The Draft South East Queensland Koala Conservation Strategy 2019-2024 has been released for public consultation. The Strategy is supported by new koala habitat mapping. The Strategy and mapping have serious implications for landowners in koala habitat areas within a Koala Priority Area, who will be prevented from clearing their land except in very limited circumstances. We discuss these implications below and suggest that, at a minimum, landowners should review the mapping to ascertain whether their land is within a Koala Priority Area. ...

Healthcare trend watch 2019
Insight 09 Dec 2019

The healthcare team at Allens reports on some key trends and sectors to look out for in 2020. ...

Allens advises on solar-gas project to power Pilbara mines
News 10 Dec 2019

NAIF's loan will help fund the construction of electrical infrastructure at Fortescue Metals Group Ltd's ( Fortescue ) Chichester Hub iron ore mines, including a 60 megawatt solar panel plant and a ...

Allens acts on NAIF loan package for WA's Beyondie project
News 09 Dec 2019

Located 160 km south east of Newman, the Project aims to produce SOP, a high-yield, premium fertiliser, for domestic and international sale. The loan is comprised of a $48 million Infrastructure ...

Stricter controls over e-payment businesses in Vietnam
Insight 10 Dec 2019

In response to the rapid growth of the e-payment market in Vietnam, the State Bank of Vietnam (the SBV) has reviewed the legal framework regulating the sector and proposed some important changes. In this Insight, we set out the key amendments the SBV has already issued – as well as those in the pipeline – and their potential impact on the intermediary payment services market. ...

Take Two: anti-bribery reforms revived and long-awaited draft regulatory guidance released
Insight 04 Dec 2019

The Australian Government has tabled the Crimes Amendment (Combatting Corporate Crime) Bill 2019 (the 2019 Bill) in the Senate, and the Attorney-General's Department has released Draft Guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials for public consultation (the Draft Guidance). Like the 2017 version of the Bill that lapsed earlier this year (the 2017 Bill), if passed, the 2019 Bill will strengthen Australia's foreign bribery laws, including by introducing a new corporate offence of failure to prevent bribery by an associate, and will introduce a Deferred Prosecution Agreement (DPA) scheme for resolving serious corporate criminal matters. Partner Rachel Nicolson, Senior Associate Andrew Wilcock and Associate Lewis Winter report on the key differences between the 2017 and 2019 Bills, and the content of the Draft Guidance. ...

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