Worksafe Blitz in Victoria - are you ready? - 5 November 2008
Worksafe Victoria has begun conducting a 'blitz' on manual handling across the State. The campaign, which commenced on 1 November, will involve snap inspections across all sectors, targeting musculoskeletal disorder (MSD) injuries.
ATO changes view on GST and residential development costs - 21 August 2008
The ATO has recently published a new interpretative decision, ATO ID 2008/114, which sets outs its revised view on the entitlement of a developer of "new residential premises", to input tax credits (GST credits) where the developer temporarily leases the premises.
High Court decision overturns GST treatment of forfeited deposits - 22 May 2008
In a unanimous decision, the High Court has held that GST does apply to a forfeited deposit. This overturns the earlier decision of the Full Federal Court, which specified that GST does not apply to a forfeited deposit.
Greenhouse Gas Storage Bill released - 20 May 2008
After much anticipation, the long awaited exposure draft of the Offshore Petroleum (Greenhouse Gas Storage) Amendment Bill has been released for public comment. The bill is a significant step at the Federal level to set up a regulatory regime to facilitate carbon capture and storage (CCS), a major potential abatement measure to reduce the emissions of greenhouse gases.
Margin scheme changes flagged in Budget - 14 May 2008
Changes to the margin scheme provisions in the GST Act were flagged in the Federal Budget released on 13 May 2008.
EPC/D&C contracts
EPC contracts in the process plant sector - September 2005
D&C contracts in the property development sector - August 2005
EPC contracts in the oil & gas sector - August 2004
EPC contracts in the renewable energy sector - June 2004
EPC contracts in the power sector - April 2004
Articles
Key performance clauses in wind farm EPC contracts - March 2006
This article identifies key performance clauses that are commonly included in EPC (engineering, procurement and construction) contracts for wind farm projects, concentrating on the important role liquidated damages provisions play in EPC contracts.
Preparing the principal’s requirements for a construction project - January 2006
The task of writing down the detailed requirements for a construction project is one of the most difficult tasks the project principal will undertake. It requires foresight, a thorough analysis of the many influences on the project, technical skills and above all else project management expertise. The question is can (and should) a construction lawyer assist in this task?
Comparison of dispute resolution options - 14 November 2005
Deciding what dispute resolution mechanism to use can be difficult. Your choices range from litigation to arbitration (domestic and international), negotiation, mediation and expert determination. We examine the pros and cons of the different options.
Mediation in Australia - September 2005
Alternative dispute resolution (including arbitration, mediation and conciliation) in Australia has a long and distinguished history. The framers of Australia’s federal constitution expressly included “conciliation” as a head of legislative power for the resolution of industrial disputes.
Mandatory carbon reporting - are you ready? - 13 May 2008
Affordable housing initiative will create new property industry sector - 3 March 2008
Welcome revision to ACT’s property asbestos laws - 8 May 2006
Payment changes for building contractors - 15 March 2006
Legal professional privilege and in-house counsel - 27 July 2005
Proportionate liability - 9 June 2005
International arbitration - 4 April 2005
Do I really need a dispute resolution clause? - 7 March 2005
Recent issues on liquidated damages - 14 December 2004
International arbitration law update - 1 December 2004
Criminal penalties for the bribery of officials of foreign governments - 24 November 2004
Concession agreements and flow-downs of risks - 8 October 2004
Construction contracts and the Trade Practices Act - 3 September 2004
International arbitration law update - 25 August 2004
Unilateral discretion in construction contracts - 10 August 2004
Prevention and the enforceability of exclusive remedy clauses - 28 June 2004
Legal risks in the tender process - 7 June 2004
Bankability of Projects - 6 December 2003
Dispute resolution in China - 15 November 2003
Construction contracts in China - 1 November 2003
Defects Liability Period - An Introduction - 18 October 2003
Private Finance Initiatives - An Introduction - 4 October 2003
Concurrent Delay - 20 September 2003
Boilerplate Clauses - 6 September 2003
Force Majeure Clauses Revisited - 23 August 2003
Performance bonds - 26 July 2003
Closer Economic Partnership Arrangement - Mainland/Hong Kong - 28 July 2003
Drafting and operation of a performance testing regime - 28 June 2003
Performance Testing Regime - 14 June 2003
Letters of Intent - 31 May 2003
Email and contractual notices - 17 May 2003
What is ‘Gross Negligence’? - 3 May 2003
Alliancing -19 April 2003
Alternative Contracting Structures - 5 April 2003
Sponsor Checklist - 22 March 2003
Best or reasonable endeavours - 8 Feburary 2003
Export Credit Financing - 21 December 2002
Memorandum of Understanding - 7 December 2002
O&M Agreement - Checklist - 23 October 2002
Contractual Risk Management System (Owner) - 9 November 2002
Force Majeure Clauses - 26 October 2002
Liquidated Damages - Delay and Performance - 12 October 2002
Indirect and Consequential Loss - 14 September 2002
Using technology in infrastructure projects - 31 August 2002
Material Adverse Change Clause - 17 August 2002
Offtake and Construction Interface Issues - 3 August 2002
Contracts (Rights of Third Parties) Act 1999 (UK) - 20 July 2002
Infrastructure Projects & the Triple Bottom Line - 6 July 2002
Foreign Investment Enterprise - 22 June 2002
Splitting an EPC Contract - 8 June 2002
Updates
A quarterly compilation of articles and legislative updates intended to inform the reader of current issues in the construction industry:
Summer 2008
Brisbane Construction update - November 2008
Spring 2008
Winter 2008
Autumn 2008
Summer 2007
Spring 2007
Autumn 2007
Summer 2007
Spring 2006
Autumn 2006
Summer 2006
Spring 2005
Winter 2005
Autumn 2005
Summer 2005
Spring 2004
Winter 2004
Autumn 2004
Summer 2004
Spring 2003
“Mallesons Stephen Jaques has an impressive array of talent in the Asia-Pacific region, fielding five leading nominees from offices in Australia and Hong Kong.”
The International Who’s Who of Construction lawyers 2007