With the release of its draft long-term transport plan, the NSW Government has signalled that it will look to the private sector to assist in financing future transport projects. Partner Nigel Papi and Senior Associate Lixian Liang report.

Contractual conditions placed on a payment claim for construction work are at risk of being unenforceable under Queensland’s security of payment legislation. Partner Adrian Baron explains.

In brief: Proponents and operators of major projects in Queensland need to be aware of important proposed changes that will impact upon the assessment and approval process for ‘significant projects’ and ‘infrastructure facilities of significance’, and the disposal of land in State Development Areas. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi report.

A recent Supreme Court of Western Australia decision has found that a party aggrieved by an adjudicator’s decision that he or she has jurisdiction to make a determination, or who considers that there has been a denial of natural justice, can apply to the court for a declaration that the determination is invalid. Also, the existence of an offsetting debt is not grounds for refusing leave to enforce a determination. Senior Associate Jeremy Quan-Sing and Lawyer Leila Peggs report.

We look at a decision of the High Court of India that should make it easier to enforce foreign awards in that country; whether judicial acts are ‘acts of state’ for the purpose of the act of state doctrine; a notice of investment dispute that has been issued to the Mongolian Government under the bilateral investment treaty between Singapore and Mongolia; competition law as a ‘mandatory’ law for arbitration in Australia; and a decision to stay court proceedings in favour of arbitration made in the context of multiple agreements governed by multiple laws.

The Queensland Supreme Court has confirmed that, where possible, it will hold parties to the dispute resolution procedures in a construction contract before it allows recourse to legal proceedings. Partner Adrian Baron and Lawyer Laura Nagy report.

The Queensland Court of Appeal has again taken a narrow interpretation of the ‘mining exclusion’ under Queensland security of payments legislation. Partner Ren Niemann and Lawyer Goran Gelic report on this decision and its implications.

The New South Wales Supreme Court has reaffirmed that parties are entitled to relief from an adjudication determination where there has been jurisdictional error or where they have not been afforded natural justice. Partner Brian Millar, Senior Associate Lee Moore and Lawyer Trieste Corby consider the implications of this decision.

With the release of its draft industrial relations guidelines, the NSW Government is attempting to introduce a more stringent regime governing public sector construction best practice than the current Federal regime. Partner Nigel Papi and Lawyer Stuti Sethi report.

The WA Supreme Court recently held that Western Australia’s proportionate liability legislation does not of its own force apply to arbitral proceedings for disputes governed by WA law. Partner Brian Millar and Senior Associate Lixian Liang report.

The mining and construction industries have received mixed messages after the Queenland Court of Appeal adopted a narrow interpretation of the ‘mining exclusion’ under the state’s building and construction industry payments legislation.

Recently, the Full Court of the Federal Court considered whether a letter of intent with a ‘subject to contract’ clause was binding and, consistent with a recent UK decision, confirmed that the courts will, in the absence of any express statement, look at the objective intention of the parties in determining whether such a letter is binding. Partner Nigel Papi and Senior Associate Lee Moore consider the implications of this decision.

The consequences of a party’s failure to serve an adjudication response within the timeframe set by WA’s security of payment legislation was highlighted by a recent Supreme Court of Western Australia decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Lawyer Samantha Lord report.

The New South Wales Supreme Court recently clarified when ‘other arrangements’ may exist for the purposes of the definition of what constitutes a construction contract. Partner Brian Millar and Lawyers Garrett Williams and Trieste Corby report.

A new framework proposing a national best practice approach for governments for traditional contracting in infrastructure procurement has been issued. Partner Emma Warren and Lawyer Fiona Borrelli report.

The Queensland Supreme Court has further clarified the requirements for payment claims under the Building and Construction Industry Payments Act, sending mixed messages to the wider construction industry. Partner Ren Niemann and Lawyers Matt Thomas and Goran Gelic report on this decision and its implications.

The New South Wales Court of Appeal has recently confirmed the principles underpinning the exercise of a court’s discretion to adopt, vary or reject a referee’s report. The decision highlights the limited basis on which such a decision can be challenged, particularly when the challenge relates to factual findings made by a referee. Partner Brian Millar, Senior Associate Lee Moore and Lawyer James Gonczi examine this decision.

A recent NSW Supreme Court case highlights the importance of being aware of time periods (especially around holiday periods) in relation to progress payment claims. Partner Michael Hollingdale and Law Graduate Emma Cundale look at the consequences of a failure to adhere to the strict requirements for the service and response to progress payment claims.

A recent decision has significantly altered security of payment conditions for construction works undertaken on mining leases. Partner Michael Ilott, Senior Associate Nikki O’Leary and Law Graduate Emily Giblin report on the case and on its commercial impact.

The Queensland Government recently launched its ‘Ten Point Action Plan’ which it proposes will restructure the regulation of Queenland’s construction industry. As part of that process, the Queensland Building Services Authority will be replaced by the Queensland Building and Construction Commission. Partner Ren Niemann and Lawyer Goran Gelic report on this development and its implications.