Insights

Now you own it, now you don’t: retention-of-title supply arrangements

A recent decision of the Supreme Court of New South Wales in Metal Manufacturers Pty Ltd trading as TLE Electrical v WesTrac Pty Ltd [2024] NSWSC 144 (WesTrac decision) has highlighted some of the...

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What is a “right to mine” and what is an “infrastructure facility” in the Native Title Act?

The High Court has delivered its decision in Harvey v Minister for Primary Industries and Resources [2024] HCA 1.

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mining landscape
Due diligence, assignment clauses – consent ‘not to be unreasonably withheld or delayed’

A recent Supreme Court decision in New South Wales provides timely guidance on how a Court will approach whether a person has unreasonably withheld consent to assignment and how long proceedings...

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A guide to responding to Payment Claims under WA’s new Security of Payment Legislation

The Building and Construction Industry (Security of Payment) Act 2021 (WA) (Act) signifies the harmonising of security of payment legislation in Western Australia with the “East Coast” model, and...

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COVID-19 Construction Shutdown

The construction ban commencing on 19 July 2021 in NSW extends to all ‘construction sites’ in Greater Sydney.

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Program to support petroleum exploration and appraisal activities in the Beetaloo sub-basin

On 18 March 2021, the Commonwealth Minister for Resources, Water and Northern Australia, Keith Pitt, announced the opening of the $50 million Beetaloo Cooperative Drilling Program.

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Victoria positions itself to become a global hydrogen leader

In early February the Victorian Government announced that a new, $10 million hydrogen hub would be constructed in Melbourne’s south east.

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Occupation certificates – are you ready for the changes?

If you are in the business of developing, designing or building residential apartments in New South Wales then you should by now...

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Foreign investment and Australia’s infrastructure sector

Participants in Australia’s infrastructure sector are, as a general rule, already familiar with the Foreign Investment Review Board (FIRB) and Australia’s foreign investment regime.

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COVID-19 and Force Majeure

Governments and businesses around the world are dealing with a new paradigm and greater uncertainty in the face of COVID-19.

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Powers of attorney and step-in rights as security interests?

The status of power of attorney clauses and “step-in rights” provisions under the Personal Property Securities Act 2009 (Cth) (PPSA) remains an issue.

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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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Proposed changes to PRRT system from 1 July 2019

Back in June 2017 we examined the final report of the Government’s review of the design and operation of the Petroleum Resource Rent Tax (PRRT) (the Callaghan Review). Following the Government’s...

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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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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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Striking the right balance

JWS has successfully encouraged a Court decision to strike a balance between a legislative intention and an overall objective to maximise the return for creditors and any return to shareholders.

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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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ACCC priorities for 2017 – will you be a target this year?

On 24 February 2017, the Australian Competition and Consumer Commission (ACCC) announced its Enforcement and Compliance Policy for 2017.

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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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Foreign Bribery Update - December 2014

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to December 2014. These developments will impact...

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Takeovers Panel updates guidance on bidder's and target's statements

The Takeovers Panel has updated its guidance on preparing bidder's statements and target's statements, and this guidance is less prescriptive than the approach the Panel put forward in an earlier...

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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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