51-60 of 194 results
NSW reforms to fix building defects – potential for indeterminate liability?
The NSW Government has enacted new legislation imposing new obligations on design practitioners, engineers and builders and sees a fundamental shift in the relationship between these practitioners and owners as part of its reforms to the building industry. For all owners, builders and designers, we examine these changes and outline steps you can take now. ...
Climate change and project approvals
Climate change impacts have for many years been accepted as a relevant consideration in the assessment of planning and environmental applications in Australia. Until recently, the focus of consent authorities has been primarily on the direct greenhouse gas (GHG) emissions of a project from owned and ...
ACCC 2020 Enforcement Priorities
A number of industries and issues are in the spotlight following release of the ACCC's 2020 Enforcement and Compliance Priorities by Chairman Rod Sims on 25 February. ...
Proposed changes to NSW Independent Planning Commission – major reform or tweaking around the edges?
Following a review by the NSW Productivity commission, the NSW Government has announced major reforms to the Independent Planning Commission. However, some are left wondering whether the proposed changes address concerns regarding inefficiency and inconsistency in IPC decision-making. ...
Connected infrastructure
Both the Sydney population and the population of Melbourne are expected to reach the size of New York City by 2050, raising questions about how our cities of the future will function. ...
Real estate M&A and industry review
The real estate industry continues to evolve in a technology focused world, unlocking new REITs (real estate investment trusts) and investment opportunities. Against a backdrop of low bond yields, easing monetary policy and global volatility, our real estate sector M&A experts share insights and consider what opportunities lay ahead for the real estate Mergers and Acquisitions sector. ...
Procurement update – when can government abandon a procurement process and what are the consequences? Considerations from the UK
The United Kingdom High Court (the Court) recently handed down its judgment in Amey Highways Ltd v West Sussex County Council, which considered the abandonment of a government procurement process following a breach of relevant procurement regulations by a public agency. For government departments and agencies in particular, this case clarifies when a public agency can abandon a procurement process and what remedies may be available to bidders in these circumstances. ...
When performance is personal – the hazards of subcontracting without consent
A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...
NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...
Draft South East Queensland Koala Conservation Strategy 2019-2024
The Draft South East Queensland Koala Conservation Strategy 2019-2024 has been released for public consultation. The Strategy is supported by new koala habitat mapping. The Strategy and mapping have serious implications for landowners in koala habitat areas within a Koala Priority Area, who will be prevented from clearing their land except in very limited circumstances. We discuss these implications below and suggest that, at a minimum, landowners should review the mapping to ascertain whether their land is within a Koala Priority Area. ...