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The wait is over: Equator Principles 4 is here
The Equator Principles Association unveiled the finalised fourth version of the Equator Principles (EP4) on 18 November 2019. Set for an effective date of 1 July 2020, EP4 heightens requirements for designated OECD countries and tightens due diligence assessments with a greater focus on human rights, climate change and biodiversity. While there are many improvements and refinements from the draft we reviewed in June, the only potentially material change is a compromise on the 'free prior and informed consent' requirement for affected Indigenous communities. ...
Report: Australian Infrastructure Investment Report 2019
Investor appetite for Australian infrastructure remains strong. However, to maintain our status as a leading infrastructure investment destination, we must address systemic issues that are adversely impacting the market, including cost overruns on major projects. ...
Landlord and tenant rights and obligations to change under Retail Leases Amendment Bill 2019 (Vic)
Landlords and tenants will see changes to their rights and compliance obligations under retail shop leases as a result of proposed amendments to the Building Act 1993 (Vic) (and regulations) ( ...
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. ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
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. ...
Right here, right now; the CDR regime is live
The Consumer Data Right Act has been passed by Federal Parliament bringing with it significant changes for legal, risk and compliance teams operating in the finance, banking, energy and telco sectors ...
Peer-to-peer lending in Vietnam
Peer-to-peer lending continues gain traction in Vietnam which continues to become a golden ground for fintech investors ...
Linklaters Insights: EU change of guard – update on top jobs and next steps
In the midst of the EU’s institutional reshuffle, new composition of the institutions and new leadership affects their legislative priorities and ultimately shapes the regulatory environment. Linklaters' Brussels team offers a snapshot of where the EU institutions stand with regard to choosing their ...