Our experienced Infrastructure legal team regularly publishes articles and updates - the full list of publications appears below. These publications address a wide range of infrastructure issues, ranging from legislative changes and industry body activities to the effects that legal decisions can have on your operations. If you'd like to be notified when we add new infrastructure publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Read about our track record in infrastructure.
- 28 October 2011
Focus: Uncertainty about review of adjudicators' decisions clarifiedSignificant uncertainty regarding parties' rights to have an adjudicator's decision reviewed has been resolved, following a recent Western Australia Court of Appeal decision. Partner Stephen McComish, Senior Associate Jeremy Quan-Sing and Law Graduate Samantha Lord report
- 26 October 2011
Client Update: Security of payments and litigation privilegeA recent Victorian Supreme Court decision has held that litigation privilege extends to documents prepared in anticipation of adjudication under Victorian security of payments legislation. Partner Nick Rudge and Law Graduate Loren Atkins report
- 28 September 2011
Client Update: WA Government's commercial position on PPPsThe Western Australian Government has released additional policy guidance on its preferred risk allocation when entering into public private partnerships.The new policy guidance supplements the National Public Private Partnership Guidelines, providing a useful insight for market participants. Partner Michael Hollingdale and Senior Associates David Donnelly and Fiona Potter report.
- 27 September 2011
Audio: Proportionate liability reform on the horizonThe Standing Committee of Attorneys-General has released a proposal to make the proportionate liability regime uniform across Australia. Partner Nick Rudge spoke to Boardroom Radio about what these proposals would mean for the construction industry
- 21 September 2011
Focus: Draft model proportionate liability legislation to reform systemMultiple defendants will find it easier to attract proportionate liability to claims made against them under draft model legislation to reform Australia's proportionate liability laws. Partner Paul Nicols and Senior Associate Philip Hopley report on the proposals, which have been released for public consultation
- 12 September 2011
Focus: Adjourning the enforcement of a foreign arbitral awardA recent Federal Court decision gives insight into the circumstances under which a court may adjourn the enforcement of a foreign arbitral award that is the subject of an appeal in the courts of the seat of the arbitration. Partner Nick Rudge, Special Counsel Nicola Nygh and Lawyer Tom Levi report on a case that deals with the uniformity of recognition and enforcement of foreign arbitral awards
- 11 August 2011
Client Update: New national guidelines on alliance contractingThe Federal Government has recently released the National Alliance Contracting Policy and Guidelines which provide an integrated framework for the assessment, delivery and benchmarking of alliance contracting. While primarily aimed at implementing the policy recommendations coming out of the Victorian Government sponsored study into alliancing, In Pursuit of Additional Value, the Policy and Guidelines are a useful resource for all alliance participants. Partner Emma Warren and Senior Associate David Donnelly report
- 19 July 2011
Client Update: Draft Rail Safety National Law released for commentThe National Transport Commission (the NTC) yesterday released a consultation draft of the Rail Safety National Law and Regulations for public comment. If passed, the Law will replace the existing state and territory rail safety legislative schemes with a national scheme and will establish a single rail safety regulator. Partner Leighton O'Brien and Lawyer Jonathan Adamopoulos report
- 20 June 2011
Focus: Liquidated damages not a proper deduction for payment schedules in VictoriaThe Victorian Supreme Court recently found that liquidated damages could not be deducted in payment schedules made under the state's security of payment legislation, and severed parts of a payment claim that contained claimable variations from those parts that did not. Partner Nick Rudge and Senior Associate Nicholas Gallina report
- 07 June 2011
Focus: Resurgence of dispute review boardsProponents of some recent landmark Australian infrastructure projects, such as the Gateway Upgrade in Queensland, the Harvey Dam in Western Australia, and the desalination plants in Adelaide and Sydney, have chosen to administer their contracts using dispute review boards, reflecting their success in avoiding disputes, or preventing disputes from escalating while construction works are in progress. Partner Brian Millar, Lawyer Michael Tollman and Law Graduate Tom Tian report on a growing trend
- 30 May 2011
Client Update: NSW takes Infrastructure Australia model to the next levelThe NSW Government recently introduced legislation into Parliament that, if passed, will establish a new government agency known as 'Infrastructure NSW', to facilitate the planning and delivery of infrastructure across that state. Partner Leighton O'Brien and Lawyer Shannon Thompson report on the key features of the legislation and its broad scope to encourage infrastructure development in NSW
- 12 May 2011
Focus: Budget tax incentive for 'nationally significant' infrastructureConsistent with its broader policy of encouraging private investment in infrastructure, the Federal Government announced as part of the 2011-12 Budget that special treatment would be given to tax losses made by infrastructure projects designated as having 'national significance'. Partner Charles Armitage and Senior Associate Rory O'Brien look at how this will work
- 11 May 2011
Audio: Infrastructure tax changes in BudgetThe Federal Government announced in last night's Federal Budget infrastructure tax changes in a bid to boost private investment. Tax Partner Charles Armitage and Infrastructure Partner Leighton O'Brien speak to Boardroom Radio about the changes and the likely impact they will have on infrastructure investment in Australia
- 19 April 2011
Focus: Disclosure obligations of infrastructure entities to retail investorsThe Australian Securities and Investment Commission has released an additional consultation paper and a draft regulatory guide on disclosure obligations of infrastructure entities to retail investors, and is now seeking further submissions. Partners Andrew Mansour and Campbell Davidson and Lawyer Michael Tollman report
- 04 April 2011
Audio: Resurgence of PPPs with Qld hospital?State governments are once again looking to Public Private Partnerships to help fund infrastructure projects. Partner Leighton O'Brien speaks to Boardroom Radio about how PPPs are being used in the post-GFC climate
- 16 December 2010
Focus: Greater certainty in contracts with state governmentsA recent High Court decision will provide greater certainty for parties relying on contractual compensation provisions in contracts with governments. Partners Tom Story and Ren Niemann and Senior Associate Robert Kerr look at the implications of the decision, which overturns a recent Victorian Court of Appeal decision which held that a land tax concession provision was void on the basis that it was unconstitutional
- 23 June 2010
Audio: QLD Govt delivers on infrastructureThe Queensland Government has recently undertaken major infrastructure work with the Gateway Upgrade and Gateway Upgrade South Projects. Partner Ren Niemann speaks to Boardroom Radio about how the Queensland Government has shown that traditional government procurement can be successful and what are the key lessons to be learned from these major projects
- 27 May 2010
Client Update: Growth management and infrastructure initiatives for QueenslandQueensland Premier Anna Bligh yesterday announced significant changes to Queensland's infrastructure and development planning frameworks, in response to projected population growth figures. Partners Ren Niemann and Bill McCredie and Senior Associate Nicholas Ng look at what is proposed
- 15 April 2010
Client Update: New Zealand's first prison public private partnershipLast month we reported on the opportunities arising out of the New Zealand Government's National Infrastructure Plan. In this Client Update, Partner Emma Warren and Senior Associate David Donnelly report on the Wiri Prison PPP, the first prison public private partnership in New Zealand
- 15 April 2010
Audio: Govt contracts require arbitration of industrial disputesUnder the Fair Work Principles, companies vying for Federal Government contracts will be required to have compulsory arbitration clauses in their enterprise agreements or otherwise risk being passed over for consideration. Partner Adam Lunn speaks to Boardroom Radio about potential impact of the Principles on companies tendering for Federal Government work
- 08 April 2010
Client Update: Federal stimulus - one year on in NSWOne year after the introduction of legislation in NSW to ensure the timely delivery of Commonwealth-funded infrastructure to reduce the impact of the global financial crisis, NSW Premier Kristina Keneally has announced a review to consider extending and expanding the legislation to cover other significant infrastructure projects in NSW. Partner Paul Lalich and Law Graduate Madeleine Ellicott report
- 06 April 2010
Audio: CSG water guidelines releasedThe Queensland Government has recently released guidelines and model conditions pertaining to the environmental aspects of coal seam water use from gas projects. Partner Bill McCredie speaks to Boardroom Radio about the new guidelines and the opportunities for the use of water stemming from coal seam gas projects
- 30 March 2010
Audio: Extended fast track infrastructure assessments proposedThe Federal Government is looking to extend the legislation that allows the fast tracking of infrastructure projects funded by the stimulus package. Partner Paul Lalich speaks to Boardroom Radio about how the fast tracking of these projects works and the risks involved
- 19 March 2010
Client Update: New infrastructure opportunities in New ZealandThe New Zealand Government recently released its National Infrastructure Plan. The plan signals a move towards greater private sector involvement in infrastructure procurement and management. This move gives rise to opportunities for industry participants. Partner Emma Warren and Senior Associate David Donnelly report
- 03 March 2010
Audio: Projects boom for WA and QLDA rebounding economy and an influx of public and private funding is expected to fuel an upsurge in major projects activity. Partner and head of the Projects practice group Michael Hollingdale speaks to Boardroom Radio about the geographic areas and sectors expected to see the most project activity and the impact this will have on the funding and contracting for project delivery
- 14 September 2009
Audio: Gorgon gas project and its implications for growth, the environment and carbon captureThe recent Federal Government decision to green light the massive Gorgon energy project may serve as a signpost for getting future resources projects off the ground around Australia as the global economy continues to recover. Partner Angus Jones speaks to Boardroom Radio about some of the implications coming out of the decision
- 19 August 2009
Audio: Infrastructure tax breaks to lure private investmentThe Federal Government's tax review panel is planning to meet Infrastructure Australia to discuss ways to increase private sector investment in infrastructure. Partner and tax law specialist Charles Armitage speaks to Boardroom Radio about the different options that the Federal Government may explore to boost private sector interest in infrastructure
- 28 July 2009
Audio: National principles for alliance projectsGovernments are looking to develop an agreed national set of principles for alliance projects. Partner John Cooper speaks to Boardroom Radio about how a nationally coordinated approach should help to reduce red tape and fast-track complex infrastructure projects
- 08 July 2009
Focus: Infrastructure Australia releases jurisdiction-specific guidanceInfrastructure Australia has recently released the final volume of its National PPP Detailed Guidance Material, setting out jurisdiction-specific requirements and departures from the National PPP Guidelines. Partner Ren Niemann and Senior Associate Nicholas Ng report
- 22 June 2009
Focus: Queensland's new Sustainable Planning BillThe Sustainable Planning Bill 2009 was recently introduced into the Queensland Parliament. The Bill will attempt to address the issues facing planning and development assessment in the State by standardising planning scheme provisions, addressing shortcomings in the development assessment process, introducing deemed approvals for certain types of development applications and giving the court increased powers to deal with development applications notwithstanding procedural errors that have occurred during the development assessment process
- 08 April 2009
Focus: High Court declares council compulsory acquisition unlawfulA recent High Court of Australia decision has found that a proposed compulsory acquisition of land by Parramatta City Council was unlawful. Partner Paul Lalich and Lawyer Brooke Newell review the decision
- 06 April 2009
Focus: Safety at WorkIn our quarterly Focus on safety at work, we look at the second report on harmonisation of occupational health and safety laws in Australia, the dangers for employers even if an occupational health and safety risk is not located on work premises, risk assessment and the Beaconsfield Gold Mine disaster, the s28(a) defence in NSW, and the high penalties attracted by a failure to manage well-known risks to safety at work.
- 27 March 2009
Client Update: NSW Nation Building and Jobs Plan legislationThe Parliament of NSW has just passed legislation to ensure the timely delivery of Commonwealth-funded infrastructure projects under the Nation Building and Jobs Plan, to reduce the impact of the global economic recession on Australia. Partner Paul Lalich and Lawyer Brooke Newell report
- 08 January 2009
Focus: InfrastructureA Bill to amend Queensland compulsory acquisition laws will go some way to creating certainty for people who hold contractual rights to land. As Consultant Ian Hodgetts and Lawyer Nicholas Ng report, the Bill introduced in December 2008 follows uncertainty about the entitlement to compensation, flowing from a recent Queensland Court of Appeal case
- 22 December 2008
Client Update: InfrastructureInfrastructure Australia has released its interim report listing 94 potential projects across the country as candidates for the National Infrastructure Priority List. As Partner Ren Niemann and Lawyer Nicholas Ng write, the report released to the Council of Australian Governments last Friday also details how Infrastructure Australia will review the candidate projects to determine the final list of projects
- 04 December 2008
Client Update: InfrastructureThe Council of Australian Governments (COAG) has formally endorsed and adopted the National PPP Guidelines and associated guidance material prepared by Infrastructure Australia. Partner Leighton O'Brien and Lawyer Nicholas Ng report on the outcome of COAG's 29 November meeting
- 07 October 2008
Client Update: InfrastructureInfrastructure Australia has released its National Public Private Partnership Guidelines, and the methodology it will use to rank projects on the national Infrastructure Priority List. Partner John Cooper and Lawyer Nicholas Ng report
- 14 May 2008
Focus: InfrastructureIn April 2008, the Victorian Government released the Updated Standard Commercial Principles as part of its Partnerships Victoria guidance material. Partner Emma Warren, Senior Associate Claire Scanlon and Articled Clerk John-Paul Santamaria look at what will change with the updated principles
- 23 April 2008
Focus: InfrastructureAustralia's vibrant economic conditions in recent years has led to a thriving appetite for infrastructure assets. However, the recent turmoil in global equity and financial markets has coincided with a severe tightening of credit generally. This change in economic circumstances will impact on the financing and delivery of new projects and the refinancing of existing projects. Partner Alan Millhouse and Lawyer Nicholas Ng report on the issues
- 16 August 2007
Focus: TaxThe Tax Laws Amendment (2007 Measures No 5) Bill 2007 (Cth) was tabled in Federal Parliament today. Partner Charles Armitage outlines the significance of the Bill
- 17 July 2007
Focus: InfrastructureThe Victorian Government has released two publications that further clarify its approach to public private partnerships. The Government is continuing to develop policy in this area with a focus on providing transparency and value for money. Partner Emma Warren and Articled Clerk Kate Austin summarise the main issues in the publications
- 13 November 2006
Focus: Indonesia - InfrastructureThe Government of Indonesia held its second annual infrastructure conference in November aimed at boosting investor confidence in the Government's public private partnership program for infrastructure development. Partner Steve Pemberton and Senior Associate Cameron Negraiff report on the key outcomes of the conference
- 08 September 2006
Focus: Infrastructure AccessThe Trade Practices Amendment (National Access Regime) Act 2006 amends the current national access regime in Part IIIA of the Trade Practices Act 1974 . Partner David Brewster and Lawyers Charles Coorey and Emma Leske summarise the key provisions of the amending Act and the impact these amendments will have on access-seekers, access-providers and investors
- 03 August 2006
Focus: InfrastructurePartner Alan Millhouse and Senior Associate Connie Seeto outline the recent changes to Queensland's Public Private Partnerships guidelines aimed at improving and streamlining the competitive tender process
- 14 June 2006
Focus: InfrastructurePartner Alan Millhouse and Lawyer Nicholas Ng report on the latest update to the South East Queensland Infrastructure Plan and Program released by Queensland Premier Peter Beattie last month
- 02 March 2006
Focus: HealthWe look at whether PPPs could help alleviate the infrastructure crisis in Queensland Health; the recommendations of the Lockhart Review on embryo research legislation; the court assessing a doctor's standard of care in relation to the Trade Practices Act; and an update on the AB v Attorney-General of the State of Victoria case
- 07 February 2006
Focus: Native TitleIn its first decision on cultural heritage management plans, the Queensland Land and Resources Tribunal demonstrated that it will recommend approval of a plan considered fair and reasonable in the circumstances. It also made important determinations on a number of contentious issues common to most CHMPs. Senior Associate Ben Zillmann and Strati Pantges report
- 25 November 2005
Focus: InfrastructureSenior Associate Ren Niemann and Paralegal James Nicholls report on new legislation that empowers the NSW Government to take over major infrastructure projects, and offer some clues as to how it might affect private-sector parties
- 12 July 2005
Focus: InfrastructureThe Commonwealth Government has proposed a set of reforms to the national access regime for essential infrastructure facilities. Senior Associate Louise Thomson and Lawyer Anne Tyedin look at these reforms
- 22 June 2005
Focus: InfrastructureThe Victorian Treasurer, John Brumby, has released a new policy in relation to Partnerships Victoria. Partner Peter Stewart looks at the new policy that will affect the way public private infrastructure projects are organised in Victoria
