Insights

Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Investing in Australian Real Estate

This brochure provides global investors a practical and quick overview about real estate investments in Australia, which includes answers to some of their commonly asked questions.

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Guaranteeing payment under an unconditional bank guarantee: Santos v BNP Paribas

The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...

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Contaminated Land – What constitutes notice to a buyer?

Queensland’s Environmental Protection Act (Section 421) requires a vendor of land recorded on the Environmental Management Register to give notice to a potential purchaser prior to signing any...

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Investing in Australian Real Estate

This brochure provides global investors a practical and quick overview about real estate investments in Australia, which includes answers to some of their commonly asked questions.

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FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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A new Security of Payment regime for Queensland's building & construction industry

The new Act has far-reaching consequences for almost all members of the QLD construction community. Head contractors should familiarise themselves with the new requirements, particularly in...

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Consequential Loss: do you know what you are excluding?

One of the most important mechanisms in a contract for allocating risk is the ability to exclude “indirect” and “consequential” loss using exclusion clauses. It is typically on a party’s list of...

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Managing design risk through ‘fit for purpose’ warranties

Good design is critical to the overall success of any complex engineering or construction project. Sophisticated designs can produce a host of economic, environmental or social benefits, including...

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Acumen March 2017

Legal issues from March 2017.

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Acumen September 2016

Legal issues from September 2016.

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Widening the scope for judicial review of an adjudicator’s determination

The Probuild decision is likely to undermine the objective of the Security of Payment Act to provide a means of quickly and relatively inexpensively resolving disputes in relation to progress...

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Queensland’s infrastructure industry under construction

On 19 May 2015, the Building Queensland Bill 2015 (Qld) (Bill) was introduced to the Queensland Parliament. The Bill establishes Building Queensland, a new independent statutory body to assist the...

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Not quite the landmark

High Court corrects the error, but stops short of giving builders of commercial property unqualified comfort -- The High Court of Australia has unanimously overturned the New South Wales Court of...

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WA pastoral leases to expire mid-2015: implications for resource companies

All pastoral leases in Western Australia granted under the Land Act 1933 (WA) (now repealed) are set to expire on 30 June 2015. Although the...

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Foreign Bribery Update - August 2014

Developments will impact on Australian businesses working offshore and only reinforce the need to have and to implement an ongoing, pro-active anti-corruption compliance framework within your...

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Positive changes to Queensland property laws

Queensland...s Parliament has introduced more amendments to the state...s property legislation that aim to streamline the sale of property, especially for the sale of lots ...off-the-plan.... The...

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Enforcing construction payment claims

On 24 April 2014 the Western Australian Court of Appeal handed down a unanimous decision in the case of Diploma Construction (WA) Pty Ltd v KPA Architects Pty Ltd...

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Amendments to security of payment legislation in New South Wales

The Building and Construction Industry Security of Payment Amendment Bill 2013 (the Bill) was introduced to Parliament and given assent on 20 November 2013.... The Bill represents the first phase...

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Are adjudication determinations on shaky ground in South Australia?

Two South Australian decisions concerning the Building and Construction Industry Security of Payment Act 2009 (SA) have cut across the effectiveness of adjudication determinations and in one case...

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South Australian security of payment legislation

The Building and Construction Industry Security of Payment Act 2009 (SA) and Regulations will commence operation in South Australia on 10 December 2011. Principals, consultants and contractors

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Update on the South Australia Security of Payment legislation

In the May 2011 edition of Acumen, we reported that the commencement of the Building and Construction Industry Security of Payment Act 2009 (SA) had been delayed, and that the Act and regulations...

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South Australia security of payment legislation

In the August 2010 edition of Acumen, we outlined the key features of the new Building and Construction Industry Security of Payment Act 2009 (SA). It was anticipated that the Act would come into...

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NSW Security of Payment Legislation Developments

Subcontractors now have direct rights against Principal...

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The Fortescue decision in the Full Federal Court

ASIC's victory in the Full Federal Court in ASIC v Fortescue1 fell short of being resounding. Two of the judges (Keane CJ and Emmett J) queried whether it was worth ASIC's effort given there was no

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