401-410 of 575 results
Disputes as to the validity of an agreement - a matter for arbitration or the courts?
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 ...
Lag and loss: managing the impacts of delay in project delivery
Three recent UK decisions highlight contractual mechanisms for managing aspects of risks associated with delay in project delivery Projects Partner Leighton OBrien considers the implications for projects in Australasia ...
Builders' duty of care for defective works continues to narrow
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. ...
Report: Australian Infrastructure Investment Report 2019
Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects. ...
Major overhaul of Australia's foreign investment laws: what's new?
The new package of legislation overhauling Australias foreign investment laws the first major revision in 40 years commenced on 1 December 2015 While many features of the previous regime have been retained and sometimes re-named there are also a number of significant changes Partners Jeremy Low ...
ACCC successfully appeals air cargo cartel - the widening of 'market in Australia'
The ACCC has won an appeal in the Full Federal Court in the air cargo cartel case against Air New Zealand and Garuda Those airlines were found to have engaged in price fixing conduct within a market in Australia even though the point of competition was outside the country The case clarifies and ...
Value capture for major transport infrastructure projects discussion paper
The Federal Government has released the discussion paper foreshadowed in its Smart Cities Plan about how to use value capture to fund infrastructure projects in Australia Infrastructure Transport Sector Leader Leighton OBrien Government Sector Leader Paul Kenny Special Finance Counsel Phillip ...
Glencore's Newcastle success opens the channel for further access regulation
Glencore has succeeded in its bid to have the access to the Newcastle shipping channel declared under Australias national access regime The Australian Competition Tribunals decision reversed the acting Treasurers decision and has settled for now the uncertainty about the interpretation of the ...
Alpha Coal Mine clears further hurdle as climate change challenge is dismissed
Last week the Queensland Court of Appeal upheld the decision of the Queensland Environment Minister to grant an environmental approval for the proposed Alpha Coal Mine in Queensland In doing so the court dismissed the challenge of an environmental interest group based on greenhouse gas emissions ...
Extending the reach of Australia's cartel laws and the first criminal prosecution
Recent decisions handed down in separate cartel proceedings confirm that Australian courts will take a broad approach to the extraterritorial ambit of Australias competition laws This means that more foreign businesses could be caught by Australias criminal and civil cartel laws These decisions ...