News + Articles

Government Powers – What makes the government’s Covid orders enforceable?

March 30th, 2020|Categories: Commercial & Corporate Advisory, Coronavirus COVID-19, News|

While the news is giving us rolling coverage of government-imposed restrictions and closures to prevent the spread of Covid-19, very few have discussed the legality of such orders. This article identifies the sources and extraordinary extent of government power to issue the public health orders which have had such a major effect on our lives

Back to basics: Extensions of time under construction contracts

March 26th, 2020|Categories: Commercial & Corporate Advisory, Construction Contracts, Construction Law, Coronavirus COVID-19|

Timely delivery is a high priority in construction projects. As a general principle, construction contracts require the contractor to proceed with due expedition and without delay to complete the works by a specified date. Of course, the works may be delayed by the principal or a range of other causes beyond the contractor’s reasonable control.

Employees working from home during COVID-19 pandemic – What are your WHS obligations?

March 24th, 2020|Categories: Commercial & Corporate Advisory, Coronavirus COVID-19, News|

The NSW Government has recently released guidelines for organisations, workplaces and employers on how to reduce the risk of transmission of coronavirus while still being compliant with their obligations under the Work Health and Safety Act 2011 (NSW) (Act). Safework NSW has recommended that the guidelines be implemented as soon as reasonably practicable and the

Changes to Insolvency Laws provide “Regulatory Shield” for businesses affected by COVID-19

March 23rd, 2020|Categories: Commercial & Corporate Advisory, Construction Law, Coronavirus COVID-19, News|

Federal Treasurer Josh Frydenberg announced on Sunday that a “regulatory shield” would be available for businesses finding themselves in implacable financial difficulties following the decision to shut down all non-essential services.1 This, in addition to the effects flowing from travel bans and increased levels of self-isolation, has prompted the Australian Government to develop a safety

Coronavirus Disruption: Delays to Construction Projects and How to Respond

March 19th, 2020|Categories: Construction Contracts, Construction disputes, Coronavirus COVID-19|

The fall-out from the Novel Coronavirus (or “COVID-19”) is already being felt by businesses across a number of industry sectors, and the construction industry is certainly not immune. Broken supply chains, the immobilisation of workforces, and issues preventing site access are just some of the factors beginning to have an impact on construction and infrastructure

Phoenixing – What is it? And what will the new legislation do to combat it?

March 10th, 2020|Categories: Construction disputes, Construction Law, News, Security of Payment|

On 18 February 2020, the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 (Cth) (Act) came in to force.1 The Act will equip ASIC and liquidators with increased power to combat phoenix activity, whilst giving regulators more power to prosecute people who conduct or facilitate the illegal practice of phoenixing. What is Phoenixing? Phoenixing is

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