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Building strength through collaboration
For the past two decades, Australia has been a leader in the use of public private partnerships (PPPs) and private capital in the delivery of public infrastructure. Our successes have been so pronounced that countries such as Canada would send experts and civil servants to learn from local authorities. The market matured, and many complex projects were delivered using this approach. It is the combination of private and public sectors that is crucial for a successful project, allowing certain risks to be transferred, better management of risk and more innovative thinking. In this Insight, we discuss why private sector involvement is beneficial and how they enable stronger project outcomes for all. ...
Pooling orders: when is a right to sue 'used in connection with' a joint business?
In September 2024, the High Court delivered an important decision concerning whether a right to sue held by companies in liquidation could engage the requirements for a pooling order under s579E(1) of the Corporations Act 2001 (Cth) (Corporations Act). ...
Allens advises on financing of the New Melton Hospital Project
The New Melton Hospital will include a 24-hour emergency department, at least 274 beds, an intensive care unit, maternity and neonatal services, mental health services, radiology services and ...
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. ...
Patent term extensions under siege: a new era of challenges for pharmaceutical patentees
A recent Federal Court decision has struck down a patent term extension granted to Novartis for its blockbuster heart failure drug Entresto. The decision in Novartis AG v Pharmacor Pty Limited follows a recent trend of successful challenges by generic pharmaceutical companies. ...
Unfair trading practices: design of the long-awaited prohibition takes shape
On 15 November 2024, the Federal Government released a Consultation Paper that provided further information on the design of the long-awaited unfair trading practices prohibition. ...
Trustee insolvency - the Full Federal Court weighs in to the debate
The Full Federal court released its decision in Jones (Liquidator) v Matrix Partners Pty Ltd that trust assets should be applied first in paying employees and other statutory preferred creditors. ...
Allens advises on slam dunk investment in WNBL
The recently finalised deal sees a consortium formed with Wollemi Capital Group Syndicate for the acquisition, with the group to assume control of the WNBL in April 2025. 'We are excited to have ...
Terminating M&A deals for material adverse change
In October 2024, the English Commercial Court delivered an important decision in BM Brazil concerning the ability of a buyer to rely on a material adverse change (MAC) condition to terminate an M&A deal. ...
Australia's first green and social loan
In recent years, the Australian market has shifted towards sustainability and the adoption of sustainable finance. This approach is not only driving businesses in the direction of long-term economic growth but fostering environmental stewardship and enhancing social well-being. Nick Adkins, Allens Partner, is joined by Di Mantell, CEO of Celsus – the holder of the PPP concession to build and operate the Royal Adelaide Hospital, one of Australia's largest and most advanced hospitals. ...