411-420 of 635 results
Judicial review of adjudication determinations - a new expansive approach?
In a recent decision the Supreme Court of Western Australia quashed two adjudication determinations on the basis of jurisdictional error At the core of the decision was a finding that the adjudicator had misapplied the terms of the relevant construction contract The decision suggests that an ...
Market-led proposals - still a unique opportunity
Australia has seen a significant increase in market-led proposals for infrastructure projects This is having an important effect on how government interacts with the private sector with all states and territories having released detailed guidance intended to boost these submissions even more Partner ...
Report: Changes to Australia's IP laws take effect
The Intellectual Property Laws Productivity Commission Response Part 1 and Other Measures Act 2018 Cth commenced on 25 August 2018 The Act implements various recommendations that the Productivity Commission made in its inquiry into Australias IP arrangements We discuss the key changes ...
Access regulation application sinks at the Newcastle shipping channel
The acting Federal Treasurer has made a determination under Australias national access regime to not declare access to the Newcastle shipping channel The decision is a reminder of the limits of the national access regime in challenging the pricing of infrastructure owners Partner John Hedge and ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
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 ...
Government responds to Productivity Commission's IP inquiry
The Federal Government has released its response to the recommendations proposed by the Productivity Commission following its inquiry into Australias IP arrangements ...
First step to implement a Common Resources Act in Queensland
The Queensland Government has passed legislation now currently awaiting assent that is the first stage of a program to rationalise the regulatory regime for all types of resources tenure in Queensland Partner Ben Zillmann Managing Associate John Hedge Senior Associate Gobind Kalsi and Associate ...
Queensland reviews mining lease objection process and land access regime
As part of its ongoing initiative to reduce red tape and streamline application and approval processes for the resources industry, the Queensland Government has released two discussion papers simultaneously proposing amendments to the objection regime for mining leases and regulations ...
Public authorities - reduced protection against negligence
In coming to a recent decision the Queensland Supreme Court has taken a narrow view of a section of that states civil liability legislation that was designed to limit the liability of public authorities in Queensland Partner Nicholas Ng and Senior Associate Goran Gelic report on this decision and ...
Bigger sticks, smaller budget: ASIC's enforcement in 2015
In 2014 the Australian Securities and Investments Commission ASIC was chastened by the Senate Economics References Committee which wants ASIC to be more effective but encouraged by the Financial System Inquiry which wants ASIC to take on greater powers Meanwhile the Federal Government has reduced ...