A recent Federal Court case has reinforced that if a vendors information memoranda is inaccurate disclaimers wont save the vendor and the contract can be terminated or a substantial damages judgment awarded Partner Alister Fitzgerald and Senior Associate Jaelle Berkovits examine this important ...

The NSW Court of Appeal has upheld the Land and Environment Courts refusal of the proposed Warkworth mine expansion This case highlights the complexity and onerous nature of the environmental assessment regime for major projects in NSW which empowers the courts to overturn a project approval despite ...

Following consultation and feedback a final version of the Metropolitan Planning Strategy known as Plan Melbourne has been launched While the focus of Plan Melbourne continues to be on employment cluster locations and urban renewal opportunities there is also a renewed focus in the final document on ...

The Victorian Government has recently published guidelines that frame how it will assess unsolicited proposals for infrastructure projects pitched to it by the private sector At a time in the economic cycle where investment in infrastructure is becoming more critical to Australias economic story ...

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 ...

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 ...

New legislation has been introduced into the Queensland Parliament that will make significant amendments to a number of the provisions of the existing legislation governing retail shop leases in Queensland Partner John Beckinsale and Special Counsel Christine Adamson report on the major changes ...

The Victorian Government has released new guidelines that provide the framework for how it will assess unsolicited proposals from the private sector, but the key issues remain the same: timing, uniqueness, value for money, and confidentiality/intellectual property protection. ...

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 ...

The WA Government has issued its formal guidelines for unsolicited proposals for the sale or lease of State-owned land By embracing the possibility of unsolicited proposals as opposed to encumbering every development opportunity with a procurement process and by expressing a willingness to engage ...