371-380 of 703 results
WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...
When are LDs a penalty?
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 ...
Plan Melbourne: refresh of Victoria's metropolitan planning strategy
Housing affordability climate change and energy efficiency are key focuses of the discussion paper recently released by the Victorian Planning Minster which aims to refresh the current Melbourne Metropolitan Planning strategy Plan Melbourne The paper draws upon the detailed report prepared by the ...
COP21 and the Paris Agreement
Over the weekend in Paris two weeks of negotiations culminated in the adoption by all parties to the United Nations Framework Convention on Climate Change of a conference decision and Paris Agreement to address climate change The combined Paris Outcome commits parties to limit global temperature ...
The investment chapter of the Trans-Pacific Partnership
The release of the text of the Trans-Pacific Partnership Agreement has renewed the debate about the ability of foreign investors to sue governments under investor-State dispute settlement mechanisms which are commonly part of international trade agreements or investment treaties between States ...
Polluter pays principle in action
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 ...
Contractors face uphill battle restraining security calls
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 ...
Transparency and Accountability - and not just for Wall Street
The regulatory law repercussions of the GFC remain endlessly fascinating As an example take the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 It runs to 848 pages Title VII addresses perhaps optimistically Wall Street Transparency and Accountability My favourite provision is section ...
Would you like best interests with that? Conflicted remuneration, American style
Last month we were fortunate enough to host Barney Frank co-architect of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 to discuss financial regulation reform Coincidentally a couple of weeks later we were treated to a presentation on US financial regulation reforms by a US ...
Are property development agreements subject to stamp duty in Victoria?
The Victorian Supreme Court has ruled that a property development agreement is not subject to duty in Victoria unless it relates to all of the landholdings of a landholder The decision which is the first to test the extent to which property development agreements are subject to duty in Victoria ...