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The latest from the High Court on contractual interpretation
A recent High Court case which addressed the Codelfa rule did not explicitly resolve the controversy as to its application, however may be seen as a further departure from the 'ambiguity gateway' approach. ...
Implications for government acquiring agencies under NSW land acquisition reform
This insight examines the key changes to the NSW Governments' announcement to its intention to reform the land acquisition process in New South Wales. ...
Contract Law Update 2016
When is a person bound by their e-signature When does a breach of contract constitute a repudiation of that contract When does an exchange of correspondence give rise to a binding contract What is the latest on penalties These were some of the contract law issues considered by appellate courts ...
Compliance with multi-tiered dispute resolution clauses
The Queensland Supreme Court has stayed proceedings on the basis that the parties did not follow the agreed contractual provisions for the proper escalation of a dispute Partner Leighton OBrien Senior Associate Julian Berenholtz and Law Graduate Flora Ma report on the decision that emphasises the ...
New Draft Wind Energy Planning Framework
The New South Wales Government has released its new Wind Energy Planning Framework with the aim of establishing a more efficient and consistent assessment and approval regime for wind energy projects and also addressing the concerns raised by stakeholders to the 2011 draft Guidelines The buffer zone ...
Foreign purchaser stamp duty surcharge about to start in Queensland
From 1 October 2016 a stamp duty surcharge of an additional 3 per cent will apply when a foreign person acquires residential land in Queensland Affected taxpayers should therefore urgently consider whether contracts relating to potentially affected transactions can be exchanged in the next few days ...
CEPA introduces new environment management fees
Papua New Guineas Conservation and Environment Protection Authority commences implementation of its new fee structure this year Partner Vincent Bull and Senior Associate Ryan Warokra look at the changes and how they will be administered ...
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 ...
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 ...