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NSW Budget 2015-16
Insight 29 Jun 2015

A significant suite of infrastructure projects across transport public housing health and prisons as well as new bodies to facilitate their delivery have been announced in the NSW Budget Partner Leighton OBrien and Associate Dennis Smith report ...

Judicial review of adjudication determinations - a new expansive approach?
Insight 28 Jul 2015

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 ...

New Developer Levies to apply in Victoria
Insight 03 Aug 2015

Legislation has been introduced in Victoria to provide for new standard infrastructure levies to fund local infrastructure such as roads community centres kindergartens maternal and child health facilities local parks and sporting facilities ...

New guidelines for unsolicited proposals for State-owned land in WA
Insight 28 Jan 2016

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 ...

Revisions to FIRB Guidance Note 23: clarity for foreign government investors
Insight 26 May 2016

Recent reforms to the Foreign Acquisitions and Takeovers Act 1975 Cth introduced new provisions that deem foreign government investors of the same country to be associates of each other These provisions have created practical difficulties for foreign government investors who risk unintentionally ...

Resolving and valuing disputed variation claims under BCIPA in Victoria
Insight 02 Jun 2016

The Victorian Court of Appeal has confirmed that a dispute resolution clause providing for mediation is insufficient to exclude variations claims from the statutory adjudication process under the Victorian Security of Payment regime The decision also confirms that when determining the value of a ...

Impact of reforms to Construction Contracts Act 2004 (WA)
Insight 25 Oct 2016

Proposed amendments to the Construction Contracts Act 2004 WA will if passed result in significant changes to the adjudication process in Western Australia Partner Jeremy Quan-Sing Senior Associate Fiona Potter and Law Graduate Thanushar Sridaran report on the potential impacts of the changes ...

Bill to establish Cross River Rail Delivery Authority
Insight 24 Oct 2016

The Queensland Government introduced legislation to establish the Cross River Rail Delivery Authority an independent statutory body charged with delivering the Cross River Rail project and the wider economic developments along the projects corridor Partner Nicholas Ng Senior Associate Matt Thomas ...

Compliance with multi-tiered dispute resolution clauses
Insight 28 Jul 2016

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 ...

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 ...

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