By Michael Lake, Katherine Mackellar and Samuel Hamilton Lindsay. In November 2020, the New South Wales Court of Appeal published its reasons in Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd.1 The Court affirmed that the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) provides a long-stop limitation period of 10 years for … Read more

We are pleased to announce the release of the first episode in our Construction Law Masters in Asia podcast series. The series will welcome distinguished guests from the construction industry from across Asia to discuss their unique experiences and views of various aspects of construction law and practice. The first episode features Anselmo Reyes, former … Read more

In our first two blogs on the Corporate Insolvency and Governance Act 2020 (CIGA), we looked at how: CIGA impacts construction and engineering contracts generally; and to what extent it may affect step-in and automatic termination rights. As the first blog outlined, CIGA materially restricts a contractor or sub-contractor’s options in situations where the recipient … Read more

In our previous blog on the Corporate Insolvency and Governance Act 2020 (CIGA), Emma Schaafsma commented on various puzzles associated with the legislation. This blog picks up one specific issue: how (if at all) does CIGA impact on step-in rights? Such rights are a key part of the package required to enable projects to be … Read more

Infrastructure projects often involve a complex suite of documents which are negotiated together but each constitutes a separate binding agreement. By way of example, a project developer and a host government may sign a land lease, a construction contract and long term operating agreement. The UK’s Privy Council, which is the highest court of appeal for several … Read more

I started my legal career in the wake of Sir Michael Latham’s seminal report ‘Constructing the Team’ and the enactment of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA).  So when I read section 14 of the newly enacted Corporate Insolvency and Governance Act 2020 (CIGA), which adds section 233B Protection of Supplies of … Read more

When we originally published this article in April we used the term “potential” in respect of a second wave of Covid-19. Back then many countries were contemplating an easing of Covid-19 lockdown restrictions following a downturn in cases, and a second wave was discussed as a possibility. In the six months since, we have seen … Read more

We are pleased to share the fourth episode in our Construction Law Masters podcast series in which we welcome distinguished guests from the construction industry to discuss their unique experiences and views of various aspects of construction law and practice. This episode series features Chantal-Aimée Doerries QC, Head of Atkin Chambers, who joins James Doe and … Read more