White & Case LLP (JD Supra Australia)

Power projects usually contain a period of time, prior to completion and taking over, where power is being generated and can be sold into the grid or to an offtaker. Earlier this month, the Supreme Court of Victoria ordered an EPC Contractor not to prevent power generation for an onshore wind farm project during such a period.

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer of Australia, based on an assessment of whether the investment would be contrary to the national interest. When making its decision, the Treasurer is advised by the Foreign

On 21 October 2020, the Full Federal Court of Australia (Logan, Colvin and Thawley JJ) handed down its appeal decision in the case of Victoria Power Networks Pty Ltd v Commissioner of Taxation [2020] FCAFC 169. This case was originally heard in the Federal Court by Moshinsky J who handed down his judgment in February 2019 in favour of the Commissioner. The taxpayer was partly successful in this...

The Federal Government has announced its largest insolvency reform package in over 30 years, which includes a simplified formal debt restructuring process for eligible small businesses...

On 27 August 2020, the Federal Government tabled the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (Bill) in the House of Representatives.

The Modern Slavery Act 2018 (Cth) (Act) requires large Australian entities and foreign entities carrying on business in Australia to report annually on the risks of modern slavery in their operations and supply chains and the actions taken to address those risks. In recognition of the significant impact of COVID-19 on company operations and supply chains, the Australian Border Force has...

On 5 June 2020, the Treasurer of Australia announced reforms to Australia's foreign investment framework. The key focus of the reforms is national security risks to deal with the current environment, including rapid technological change. The new reforms will give the Australian Government increased screening, information gathering and enforcement powers. Other amendments have also been flagged,...

A main contractor is often in a difficult position during project disputes, caught in the middle between its liabilities to the employer and its ability to recover those losses from its subcontractors. But, what happens when the main contractor's liability to the employer hasn't yet been determined, or may not exist? A recent case from Australia offers some insight.

In late March, the Treasurer of Australia announced temporary changes to Australia's foreign investment review framework in response to the COVID-19 crisis. The new measures lowered the monetary screening thresholds for transactions that need to be notified to the Foreign Investment Review Board ("FIRB"), aiming to prevent the fire-sale of Australian assets to foreign investors which could harm...

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the Treasurer of Australia, based on an assessment of whether the investment would be contrary to the national interest. When making its decision, the Treasurer is advised by the Foreign...

a) On 9 October 2019, in the judgement of Mann v Paterson Constructions Pty Ltd [2019] HCA 32 (Mann), the High Court of Australia clarified the ability for contractors to claim on a quantum meruit basis.

In White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 the Supreme Court of New South Wales, Australia, rejected both parties' expert delay analysis and the methodologies on which they were based, holding that their inclusion in the Society of Construction Law Delay and Disruption Protocol was not a relevant factor for their appropriateness for the case.

The Australian Securities and Investments Commission ("ASIC") has recently released updates to its existing regulatory guidance on effective disclosure, to clarify its position on the disclosure of climate change-related risks ("climate change risks") and opportunities.

In a recent case, the Federal Court of Australia confirmed that it will enforce a "no damage for delay" clause, including when delay occurs as a result of a variation under a contract.

Offshore wind projects face challenges that are not addressed by the regulatory system established for onshore projects. The Australian government's mandatory renewable energy target (MRET) supports investment in renewable energy, requiring that renewable energy make up the equivalent of 20 percent of the nation's electricity by 2020.

In the recent case of The Trust Company (Australia) Ltd atf the WH Buranda Trust v Icon Co (Qld) Pty Ltd & Anor [2019] QSC 87, the Supreme Court of Queensland was asked to consider whether a contractual notice served via a cloud-based project management information system (Aconex) was valid and effective.

A "global" or "total cost" claim is one in which the damages calculation is derived from the total cost of the work incurred by a contractor, minus the bid amount. Such claims are increasingly used by contractors where proving actual damages is impossible or impracticable. Whilst total cost claims are not in principle objectionable, in order to succeed, the courts will require significant legal...

The overwhelming majority of respondents see a multiplicity of opportunities in a variety of sectors and regions. However, our survey reveals that the ‘noise’ around some investment locations may be just that—noise. Global infrastructure investment has grown considerably in the past ten years. The sector is universally recognised as an attractive one for investors due to the stable, long-term...

What happened? The Chief Judge of the NSW Land and Environment Court in Australia has upheld the decision of the NSW Minister for Planning's delegate to refuse planning approval for the proposed Rocky Hill Coal Project near the town of Gloucester.

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer of Australia, based on an assessment of whether the investment would be contrary to the national interest. When making its decision, the Treasurer is advised by the Foreign...

Welcome to the Australia page of our Global Employee Equity at a glance series. Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their employment is terminated....

In the recent case of Ku-ring-gai Council v Ichor Constructions Pty Ltd ("Ku-ring-gai v Ichor") the Supreme Court of New South Wales (Australia) was asked to decide whether an arbitrator who had conducted a mid-proceedings mediation required the written consent of the parties to recommence the arbitration.

On 20 June, a Bill was tabled in the Legislative Assembly which, if enacted, will replace the Environment Protection Act 1970 (Vic) (Act) in 2020. The Bill proposes to establish a new prevention-focused and risk-based regulatory regime, which includes new environmental duties, a new development and operational approval regime, new offences and notices, enhanced enforcement powers, new...

In Santos Limited v BNP Paribas [2018] QSC 105, the Supreme Court of Queensland held that in determining whether a demand for payment complied with the terms of the performance bond, it is essential that such demands strictly follow the requirements as set out in the terms of the bond.

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer of Australia, based on an assessment of whether or not the investment would be contrary to the national interest.

The recent Australian case of Santos Ltd v Fluor Australia Pty Ltd [2017] QSC 153 gives credence to the Society of Construction Law Delay & Disruption Protocol 2nd ed in determining the sufficiency of the plaintiff’s pleaded claim for delay and disruption.

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first.

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their employment is terminated.

Two recent cases from Australia and Hong Kong highlight the serious dangers of a wrongful suspension of works under a construction contract. Wrongful suspension may ultimately lead to the termination of a contract, and serious financial consequences for the party in the wrong.

Performance bonds and bank guarantees are commonly used as forms of security under construction and engineering contracts. Calling on a performance bond or bank guarantee requires, in most countries, "strict" compliance with the wording of the bond or guarantee. A recent Australian case demonstrates just how "strict" an approach banks are entitled to take to demands on such instruments.