Articles

Posted May 02, 2018 Court Finds Compulsory Acquisition Invalid: “…State does not have open slather.”
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Governments need land to build utilities and social infrastructure.  And international treaties prevent them arbitrarily depriving citizens of their property.   In Australia, there are statutory frameworks outlining the process by which government agencies can acquire privately-owned land. Those frameworks require government agencies to make genuine attempts to procure landowner agreement to a voluntary sale.  If […]

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Posted Apr 24, 2018 Liquidators Can Disclaim Environmental Costs
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Insolvency practitioners, employees with outstanding entitlements, the tax office and trade creditors will take some cheer from the result in the latest battle between Linc Energy Limited and the Queensland environmental regulator. The company operated a demonstration underground coal gasification project. It had a mineral development licence, a petroleum facility licence and environmental authorities in respect […]

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Posted Apr 24, 2018 New SOPA Decision—“Merits Count”
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In the decision of Laing O’Rourke Australia Construction Pty Ltd v Monford Group Pty Ltd [2018] NSWSC 491 delivered on 20 April 2018, the Supreme Court set out some helpful principles as to the duties of Adjudicators in determining on the merits, the entitlement of a claimant to payment for variation claims, even if the […]

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Posted Apr 24, 2018 New Laws: GST On New Properties
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The Australian Tax Office (ATO) has taken steps to put the onus on Purchasers to collect the GST on all new residential properties to improve the integrity of collection of GST from developers. On 29 March 2018, amendments to the legislation were passed to come into effect on 1 July 2018. Contracts entered into before […]

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Posted Apr 24, 2018 Combustible Cladding Update
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NSW status update Fire Safety and External Wall Cladding Taskforce Earlier this year we wrote about government responses to the Grenfell Fire in June 2017 and the Lacrosse Fire in Melbourne in 2014. Since then, the NSW cladding inter-agency Taskforce established in June 2017 has continued to progress the NSW Governments 10-point fire safety plan […]

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