A recent NSW Supreme Court decision emphasises the importance for principals to ensure a payment schedule is submitted in response to a payment claim made under NSW’s security of payment legislation, even where it appears that the time for lodgment of a payment claim under the contract has not arisen. Partner Dan Young and Senior Associate Luisa Uriarte report.

A recent decision by the Supreme Court of WA not to quash an adjudication determination, even though the adjudicator’s findings may have been wrong, revolves around issues of sending responses to an adjudication electronically. Partner Michael Hollingdale reports on a case that has broad implications for service under WA’s electronic transactions legislation.

A recent decision has upheld that a party to a terminated construction contract cannot make a subsequent payment claim under BCIPA. Partner Ren Niemann and Overseas Practitioner Andrew Middleton report on the case and its implications.

Infrastructure Australia has released a 50-year plan for national infrastructure, including an update to the national infrastructure priority list. The plan identifies key infrastructure challenges, and what needs to be done to address them in the near and long-term future. Partner Emma Warren and Lawyer Freya Dinshaw report.

A recent decision of the Western Australian Supreme Court arising out of a flooding incident at a remote power station near Lake Argyle, WA has shone a bright light on the law on consequential loss in the wake of the previous authority that had informed this area of law. Partner Michael Hollingdale and Senior Associate Nicholas Gallina report on the case.

After a long period of scoping, consultation and review, concessional treatment for the tax losses of entities undertaking nationally significant infrastructure projects has become law. Under the measure, which was announced in the 2011-12 Federal Budget, eligible losses can be uplifted by the long-term Government bond rate and the loss integrity rules are moderated. Partner Martin Fry and Lawyer Timothy Stokes look at how it will work in practice.

A recent Victorian Supreme Court decision has reinforced the need for dispute resolution clauses to set out the process to be followed to resolve a dispute with sufficient certainty to enable them to be enforceable. Partner Nick Rudge, Senior Associate Nicholas Gallina and Law Graduate Emily Giblin report on the case.

Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area.

The WA Supreme Court recently looked at whether interlocutory relief should be given to restrain a subcontractor from progressing an adjudication application and an adjudicator from making a determination. Partner Stephen McComish and Lawyers Andrew Kirk and Helen Dolling report.

In this fourth and final article in our series providing commentary on the NSW Planning Bill 2013, Partner Paul Lalich and Senior Associate Trent March discuss the appeals and enforcement provisions in the Bill that was recently introduced into Parliament.

In response to the Collins Report into insolvency in the NSW building industry, the State Government is amending its security of payment legislation. Partner Leighton O’Brien and Law Graduate William Coote look at the changes and what they mean for certain aspects of future contracts in this industry.

In this third of our four-part series of articles providing commentary on the anticipated future direction of the NSW Planning Bill 2013, Partner Paul Lalich and Senior Associate Trent March discuss the infrastructure and development contributions regime proposed under the Bill.

New legislation will implement significant changes to the administration of the Victorian Civil and Administrative Tribunal in a bid to improve efficiencies. Special Counsel Meg Lee and Lawyer Katherine Kirby discuss the key changes to VCAT’s powers in the context of its planning jurisdiction.

Principals and head contractors need to act now, to avoid being caught short by an application for adjudication made just before, or on any day during, the festive season. Partner Stephen McComish and Lawyer Kristian Maley report.

The National Partnership Agreement on Asset Recycling between the Commonwealth and each of the states and territories firmly entrenches asset recycling for the next five years (at least). In last night’s Budget, the Federal Budget announced $5 billion will be made available to fund payments to the states and territories. This could see existing state-owned infrastructure assets sold off to invest in significant major new works. Partner John Greig looks at the Agreement’s implications.

The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use ‘reasonable endeavours’. Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications.

New amending security of payment legislation will soon come into force in NSW that will provide greater protection and certainty for subcontractors in the contracting chain. Partner Leighton O’Brien and Lawyers Will Coote and Jerome Entwisle look at what will change and the implications.

Queensland’s Department for Housing and Public Works has released details of fundamental amendments to the Building and Construction Industry Payments Act, proposed to come into effect this year. Partner Dan Young and Overseas Practitioner Andrew Middleton report on the key reforms proposed and their implications should they be enacted in their current form.

The Queensland Parliament has passed amendments to the state’s security of payment legislation that aim to address concerns raised by the construction industry about unfairness in the payment claim and adjudication process. Managing Associate Nicholas Ng, Associate Laura Nagy and Lawyer Timothy Leschke report on the key changes and the implications for the industry.

A recent decision of the New South Wales Supreme Court serves as a timely reminder that a ‘construction contract’ under security of payment legislation can include an arrangement to carry out construction work that is not legally enforceable. Managing Associate Nicholas Ng, Associate Matt Thomas and Lawyer Timothy Leschke report on this decision and its implications for the construction industry.