211-220 of 252 results
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 ...
WA State Budget - Government responds to economic conditions by significantly widening asset sales program
In its 2015 Budget handed down yesterday the WA Government confirmed the expansion of its asset sales program to manage the states debt In response to the first forecast budget deficit in WA in 15 years a significant new second tranche of assets has been added to the sales program Partners Andrew ...
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 ...
Mergers & Acquisitions: changes to Australia's foreign investment framework
The Australian Government has announced wide reaching changes to Australias foreign investment framework that will apply from 1 December 2015 Partner Wendy Rae reports on the potential impacts of the changes which include new fees stricter enforcement and penalties and increased scrutiny around ...
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 ...
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. ...