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New third-party enforcement rights in the Victorian Environment Protection Amendment Act 2018
Insight 15 Oct 2018

This Insight examines the third-party enforcement rights introduced into the Environment Protection Act 2017 (Vic) by the Environment Protection Amendment Act 2018 (Vic), which passed Victorian Parliament in August 2018 ...

Construction contracts and the new 'ipso facto' insolvency reforms
Insight 01 Jun 2018

New insolvency legislation that is designed to provide greater opportunities to restructure failing businesses both before and during external administration has recently been passed ...

Insight into the workings of Queensland's Planning Act 2016
Insight 04 Jun 2018

Queensland's Planning and Environment Court recently delivered three significant decisions that provide insight into the operation of the Planning Act 2016. The decisions separately address service requirements for submitter appellants, the operation of the transitional provisions in the Act and the ...

ACCC 2019 Enforcement Priorities
Insight 28 Feb 2019

A number of industries and issues are in the spotlight following release of the ACCCs 2019 Enforcement and Compliance Priorities by Chairman Rod Sims on 26 February ...

Are property development agreements subject to stamp duty in Victoria?
Insight 06 May 2016

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 ...

Polluter pays principle in action
Insight 23 Feb 2016

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 ...

Court determines Native Title compensation for the first time
Insight 25 Aug 2016

Yesterday afternoon the Federal Court handed down a decision which for the first time provided judicial consideration of how to calculate native title compensation A decision on this issue has been long awaited ever since the Native Title Act commenced in 1994 Partner Ben Zillmann Senior Associate ...

When are LDs a penalty?
Insight 08 May 2015

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 ...

Environment Minister appoints Wind Farm Committee and Commissioner
Insight 19 Oct 2015

Federal Environment Minister Greg Hunt has appointed Andrew Dyer as Australias first National Wind Farm Commissioner and has announced the membership of the Independent Scientific Committee on Wind Turbines The Commissioner and the Committee will report separately to the Australian Parliament on ...

Changes for developing wind farms in Queensland
Insight 09 May 2014

The Queensland Government has released a draft code and guideline that empowers the State to assess and decide any future wind farm projects in Queensland Partner Bill McCredie and Senior Associate Anna Vella look at the Queensland Governments new role and consider the draft code and guideline ...

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