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The resurrection of rise and fall mechanisms in infrastructure contracts
Against the backdrop of the war in Ukraine, ongoing supply chain challenges associated with COVID-19 and a red-hot infrastructure market, 2022 was the year that Australian contractors firmly rejected the traditional approach to input cost risk allocation. ...
Australian Infrastructure Investment report 2022
Australia’s mature and stable market has maintained investor confidence and continues to be a leading destination for investment. However, investors face a range of challenges, particularly supply chain constraints and economic instability, due to rising inflation and higher costs of borrowing. ...
Lessons from Daewoo v INPEX: calls on bank guarantees
Last week the NSW Supreme Court published an important decision concerning a principal's ability to call on a bank guarantee in circumstances where a contractor is facing financial troubles and/or potential insolvency in Daewoo v INPEX [2022] NSWSC 1125. ...
In Touch: Bingo Industries pleads guilty to criminal cartel offences, Google ordered to pay $60m penalty and other developments
The latest in competition and consumer law. ...
In Touch: Energy industry granted interim authorisation and other developments
The latest in competition and consumer law. ...
In Touch: ACCC announces 2022–23 Product Safety Priorities and other developments
The latest in competition and consumer law. ...
'Rate my builder' – next step in NSW Government rating regime
Marking a further step in the New South Wales Government's 'Construct NSW' building and construction industry reforms, the Independent Construction Industry Ratings Tool (iCIRT) – which assesses construction professionals against a series of criteria2 – has released the first 19 developers and builders to have a public rating. In this Insight, we explain iCIRT's potential impact, and what action construction professionals and businesses can be taking now. ...
Allens advises TfNSW on $2.2 billion Coffs Harbour Bypass Project
The project includes a 14 kilometre bypass of Coffs Harbour, which will save 11 minutes travel time. The project forms part of the Pacific Highway upgrade, which is one of the largest road ...
Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...