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Comments open for North East Link EES scoping requirements
Insight 31 May 2018

The draft scoping requirements for the proposed North East Link projects Environment Effects Statement have been released and are open for public comment until 12 June 2018 ...

Strangers no more - Taking action against an insolvent defendant's insurer
Insight 16 Feb 2016

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...

Sidestepping arbitration clauses - a potentially explosive business!
Insight 28 Jan 2014

The Supreme Court of Western Australia has rejected a wide-ranging attack by a contracting party preferring litigation to arbitration on the operation of an arbitration clause Partner Andrew Maher reports ...

PNG's personal property security reform a step closer to becoming law
Insight 11 Jun 2015

Personal property security reform in Papua New Guinea is one step closer to becoming law following the governments release of draft regulations for public comment Partner Karla Fraser and Senior Associate Sarah Kuman report ...

Review of Card Payments Regulation
Insight 06 May 2015

The level of public interest and popular support for regulation targeting excessive surcharging makes card payment regulation likely to be one of the first areas of reform following the publication of the Final Report of the Financial System Inquiry the FSI Report ...

PPS deregulation measures to take effect
Insight 29 Sep 2015

From 1 October 2015 short-term leases of serial numbered goods will no longer be deemed security interests under the PPSA Businesses should review their current PPS policies and where appropriate implement changes to processes as Partner Karla Fraser and Lawyer Katharine Ward explain ...

Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
Insight 29 Apr 2015

The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...

Support for principals with bank guarantees
Insight 25 Jun 2015

A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...

Third parties are no bar to arbitration: A win for arbitration?
Insight 07 May 2015

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

Further support for arbitration
Insight 15 Jul 2014

In a recent decision the Victorian Court of Appeal has held that parties to an arbitration agreement cannot avoid arbitration by seeking to bring the claim in a statutory tribunal Partner Nick Rudge and Lawyer James Waters report on a case that reinforces the trend of Australian courts to give ...

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