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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 ...
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 ...
Registering Indigenous Land Use Agreements - it's all or nothing
In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...
When are LDs a penalty?
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 ...
High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...
The low down on tall towers in Melbourne
Recent press reports have made much of Leanne Hodyls Churchill Fellowship report findings that high-rise apartment towers are being built within Melbournes Hoddle Grid at four times the maximum densities allowed in cities such as Hong Kong New York and Tokyo In the light of this report Managing ...
VCAT advisory opinion outlines limits on recovery of certain landlord outgoings
A recent advisory opinion from the Victorian Civil and Administrative Tribunal outlines certain limits on the maintenance repair and compliance costs that a landlord can recover from tenants under Victorian leases particularly retail premises leases Partner John Beckinsale Special Counsel Christine ...
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 ...
Queensland security of payment regime: more change on the horizon
The Queensland Government recently released a Queensland Building Plan discussion paper for public consideration that coincided with the enactment of the Federal Governments Building and Construction Industry Improving Productivity Bill 2013 Both developments have the potential to affect the ...
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. ...