141-150 of 193 results
When are LDs a penalty?
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 ...
VCAT advisory opinion outlines limits on recovery of certain landlord outgoings
A recent advisory opinion from the Victorian Civil and Administrative Tribunal outlines certain limits on the maintenance repair and compliance costs that a landlord can recover from tenants under Victorian leases particularly retail premises leases Partner John Beckinsale Special Counsel Christine ...
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 Public-Private Partnership Law Review
Partners David Donnelly and Nicholas Ng examine public-private partnerships PPPs in Australia including the year in review the general framework bidding and award procedures recent decisions and the outlook for 2015 ...
Social benefit bonds - their role in the funding challenge for social infrastructure and services
With the recent Intergenerational Report having further highlighted the need to deliver social outcomes in an efficient way Partners David Donnelly and James Darcy report on the potential role of social benefit bonds in providing social infrastructure and services ...
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 ...
The low down on tall towers in Melbourne
Recent press reports have made much of Leanne Hodyls Churchill Fellowship report findings that high-rise apartment towers are being built within Melbournes Hoddle Grid at four times the maximum densities allowed in cities such as Hong Kong New York and Tokyo In the light of this report Managing ...
New energy certificate exemptions for sellers and landlords
From 1 July 2015 sellers and landlords will be able to enter into sales and leases which are the result of unsolicited offers or which involve only wholly-owned subsidiaries without the need to first provide a building energy efficiency certificate following amendments to federal legislation Partner ...
Market-led Proposals Guideline - a new framework for assessing unsolicited proposals in Victoria
The Victorian Government has released new guidelines that provide the framework for how it will assess unsolicited proposals from the private sector, but the key issues remain the same: timing, uniqueness, value for money, and confidentiality/intellectual property protection. ...
First Asset Recycling Initiative agreement signed
The Federal Government announced late last week that the first agreement under its 5 billion Asset Recycling Initiative has been signed with the ACT Government demonstrating the Federal Governments commitment to the Initiative despite the underlying legislation remaining stalled by the Senate ...