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Australian Infrastructure Investment report 2022
Insight 28 Sep 2022

Australia’s mature and stable market has maintained investor confidence and continues to be a leading destination for investment. However, investors face a range of challenges, particularly supply chain constraints and economic instability, due to rising inflation and higher costs of borrowing. ...

Lessons from Daewoo v INPEX: calls on bank guarantees
Insight 08 Sep 2022

Last week the NSW Supreme Court published an important decision concerning a principal's ability to call on a bank guarantee in circumstances where a contractor is facing financial troubles and/or potential insolvency in Daewoo v INPEX [2022] NSWSC 1125. ...

'Rate my builder' – next step in NSW Government rating regime
Insight 24 Jun 2022

Marking a further step in the New South Wales Government's 'Construct NSW' building and construction industry reforms, the Independent Construction Industry Ratings Tool (iCIRT) – which assesses construction professionals against a series of criteria2 – has released the first 19 developers and builders to have a public rating. In this Insight, we explain iCIRT's potential impact, and what action construction professionals and businesses can be taking now. ...

Multi-tiered dispute resolution clauses – when does an arbitration agreement become 'operative'?
Insight 17 Jun 2022

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

'Fiendishly difficult' – duty of care to impact more NSW building projects
Insight 03 Jun 2022

The recent Goodwin Street Developments decision provides much-needed guidance on the application of the statutory duty of care owed by builders (and certain building professionals) to property owners under section 37 of the Design and Building Practitioners Act 2020 . ...

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