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Value capture for major transport infrastructure projects discussion paper
Insight 17 Nov 2016

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 ...

Successor Fund Transfers - all aboard!
Insight 25 Nov 2016

APRA yesterday released a draft guide on transferring a member's benefit from one superannuation fund to another without their consent. The interpretation adopted provides minimal protection to superannuation fund members. ...

The ASIC Enforcement Review Taskforce unloaded
Insight 03 Nov 2016

The ASIC Enforcement Review Taskforce members and terms of reference have been announced The terms of reference are very broad and come as no surprise with an emphasis on evaluating the adequacy of ASICs enforcement toolkit We analyse the key themes that are likely to emerge ...

There's no such thing as a free lunch (or road): user charges and road pricing
Insight 26 Jun 2015

Whether or not to more broadly adopt a user-pays model for road infrastructure is a contentious debate within Australia A number of industry participants and bodies have shown leadership in framing and enriching the debate while others have sought to politicise or inflame the core issues Partner ...

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 ...

Australia implements expanded sanctions against Russia
Insight 02 Apr 2015

Australia has imposed sector-wide prohibitions on a range of imports to exports from and commercial activities with Russia Crimea and Sevastopol Partner Rachel Nicolson Associate Andrew Wilcock and Law Graduate Alice Crawford report on how these sanctions will impact on companies engaged in business ...

Queensland security of payment regime: more change on the horizon
Insight 16 Jan 2017

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 ...

Contractors face uphill battle restraining security calls
Insight 07 Mar 2016

The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...

Guarantors owed a duty of care under the Code of Banking Practice
Insight 21 Jan 2016

A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...

Conflicted remuneration, dreaming and the law of common sense
Insight 05 Feb 2016

How many times have you heard someone say FoFA is settled Next time you hear that you should reach for one of the many quotable quotes from The Castle and tell em theyre dreamin First there are the so-called Retail life insurance industry reforms Then get ready for remuneration reforms in the ...

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