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Adjudication: Jurisdiction and Severability (Norton Rose)
  • In the following case, the court refused to enforce a decision of the adjudicator on the grounds that the adjudicator made a material jurisdictional error in deliberately declining to consider the employer’s set -off defence; and that the deliberate decision amounted to a breach of natural justice.
  • Construction: Sub-Contractors - Concurrent Duty of Care in Contract and Tort (CMS Cameron McKenna LLP)
  • The Technology & Construction Court (TCC) has held that a sub-contractor may owe a duty in tort to its direct contractor, in addition to the duties it owes in contract.
  • Property Owners May Benefit From 2010 Tax Appeal (Holland & Knight)
  • Florida property owners may benefit by filing a tax appeal in order to reduce the amount of real property taxes that they owe for 2010.
  • Property Owners May Receive Significant and Long-Term Financial Benefits From Contesting Assessed Value of Real Property (Holland & Knight)
  • Every year California property owners pay property tax based upon the property’s assessed value, as determined by the county assessor. The assessed value of many properties has steadily increased over the years as county assessors have often applied a 2 percent annual increase to annual assessed value.
  • Aboriginal Cultural Heritage Gains Greater Protection In New South Wales (Norton Rose Australia)
  • The New South Wales (NSW) Aboriginal cultural heritage regulatory regime is undergoing significant reform with the staged introduction of the National Parks and Wildlife Amendment Act 2010 (Amendment Act). Other changes aimed at environmental protection are also introduced under the Amendment Act, including provisions relating to the regulation of native plants, fauna and threatened species.
  • Retirement Village Sector GST Slug (Norton Rose Australia)
  • On 9 June 2010, the ATO released a draft public ruling on the GST treatment of "ingoing contributions" in the development and sale of retirement villages. If the ATO’s preliminary views are adopted in the final ruling, they will impose significant costs on the retirement village sector.
  • New Residential Tenancies Act: Important Changes to Consider (Norton Rose Australia)
  • The Residential Tenancies Act 2010 (Act), recently passed in the NSW parliament represents the first fundamental overhaul of residential tenancy law in New South Wales for over 20 years and follows detailed consultation with industry groups. It contains changes to existing tenancy law that will affect both landlords and tenants.
  • Legislative Amendments To Manage Land Access Arrangements In NSW (Norton Rose Australia)
  • The land access provisions of the Mining Act 1992 (Mining Act) and the Petroleum (Onshore) Act 1991 (Petroleum Act) were amended on 9 June 2010 with the commencement of the Mining and Petroleum Legislation Amendment (Land Access) Act 2010 (Amendment Act).
  • Misrepresentations In Advertising Material For The Proposed Sale Of Land: Some Lessons From A Recent Case (Norton Rose Australia)
  • A recent NSW case has shed useful light on the judicial treatment of misrepresentations in advertising of properties for sale
  • A Mixed Bag For California Contractors: Recent Appellate Court Decisions Hand A Few Victories But Mostly Losses to Subcontractors (Walsworth, Franklin, Bevins & McCall)
  • Three recent California appellate court decisions handed mixed results to California construction contractors.