131-140 of 188 results
New Developer Levies to apply in Victoria
Legislation has been introduced in Victoria to provide for new standard infrastructure levies to fund local infrastructure such as roads community centres kindergartens maternal and child health facilities local parks and sporting facilities ...
Judicial review of adjudication determinations - a new expansive approach?
In a recent decision the Supreme Court of Western Australia quashed two adjudication determinations on the basis of jurisdictional error At the core of the decision was a finding that the adjudicator had misapplied the terms of the relevant construction contract The decision suggests that an ...
There's no such thing as a free lunch (or road): user charges and road pricing
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 ...
Support for principals with bank guarantees
A principal has successfully challenged a decision to grant an interlocutory injunction restraining it from calling on performance bonds ...
WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act
The WASC has provided additional guidance on the types of errors that can lead to an adjudicators determination being quashed by the court ...
Sizing up options for better apartments
Victorian Planning Minister Richard Wynne has made his views on apartments known through comments to the media and at industry events about small apartments where he can touch the ceiling and where the shower is over the toilet Mr Wynne has now released a discussion paper on better apartments ...
Victorian property tax surcharge on foreign purchasers and absentee landowners
The Victorian Government has introduced legislation to impose a 3 per cent stamp duty surcharge on foreign purchasers of residential land and a 05 per cent land tax surcharge on absentee owners of both residential and other land The proposed legislation is very broad and applies to both direct and ...
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 ...