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The proposed PNG strata title scheme – what will change?
In a development that is especially relevant to property developers and financial institutions, draft legislation to introduce a Papua New Guinea strata title scheme has been released. ...
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
More (good) Queensland property law changes (inc. up to 20% deposits!!)
Further amendments to existing property legislation that aims to streamline the sale of property particularly in respect of the sale of off-the-plan lots have been introduced into the Queensland Parliament These amendments will be of substantial benefit to developers Partner Alister Fitzgerald ...
All but one: Federal Government issues response to FSI report
The Federal Government today released its long-awaited response to the Financial System Inquiry The Government says it has accepted all but one of the Inquirys 44 recommendations released late last year And this is broadly true with the only substantial recommendation to be rejected being the ...
The beginning of the end of the unit trust's monopoly? A look at corporate CIVs
The Board of Taxations report on tax arrangements applying to collective investment vehicles advocates extending tax neutrality to three additional collective investment vehicles corporates modelled on the Luxembourg SICAV limited partnerships and common contractual funds In this issue we examine ...
PPS deregulation measures to take effect
From 1 October 2015 short-term leases of serial numbered goods will no longer be deemed security interests under the PPSA Businesses should review their current PPS policies and where appropriate implement changes to processes as Partner Karla Fraser and Lawyer Katharine Ward explain ...
ASIC - A crackdown on corporate culture
Corporate culture and its role in shaping conduct within the financial services sector is now clearly at the forefront of ASICs enforcement agenda This focus was apparent in ASICs 2014-2015 strategic outlook released in October 2014 which identified corporate culture as a key risk driver and poor ...
Costs decisions of the Queensland P&E Court - the year in review
In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the courts discretion to award costs Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned ...
Insolvent contractors beware: principals can rely upon set-off rights when resisting claims
The Victorian Supreme Court has provided guidance on set-off rights in the context of insolvency particularly in relation to inconsistency between provisions of the Corporations Act and security of payment legislation Partner Nick Rudge and Lawyer James Waters report ...
The Inverted Bid Model - five key questions in solving it
Industry Super Australias proposed Inverted Bid Model has generated a lot of interest and discussion At a recent industry symposium participants were invited to explore the model with a view to further refining it for application in the Australian infrastructure market Partner David Donnelly poses ...