Infralegal’s insights on other matters.
Mastering the art of negotiation: strategies for success
Negotiation is an essential skill that permeates our daily lives, from settling family matters to brokering multimillion-dollar business deals. Drawing from nearly three decades of top-tier experience as a commercial lawyer and strategic advisor, I've distilled ten effective strategies that can elevate your negotiation game, whether you're finalizing an infrastructure mega-project or navigating a simple household dispute.
Getting the best from your lawyer
Most clients fail to make the most of their lawyers. They turn to lawyers in times of trouble or for statutory routines. But the best lawyers can be strategic partners if they are engaged correctly. This article explains how to get extra value from your lawyer on your next project
How will Australia’s emission reduction targets impact infrastructure sector participants?
This article considers how Australian governments are likely to respond to pressure to reduce carbon emissions from the infrastructure sector, and what private sector participants in the sector should do to prepare.
Drafting and negotiating contract clauses to exclude or limit liability
Drafting and negotiating contractual clauses to limit or exclude the liability of one party to the other can be tricky. And the financial consequences of getting it wrong can be very significant indeed. This paper looks at the issues involved and provides practical tips on approaching this task.
It’s all happening in the Northern Territory
The Federal Government’s re-announcement of infrastructure funding commitments to the Northern Territory validates the Territory Government’s recent efforts on infrastructure strategy and planning.
Don’t expect a revolution: What the new Albanese Labor Government means for the infrastructure sector
Owen considers what the election of the Albanese-led Labor Government means for Australia’s infrastructure sector.
How to become a better negotiator
Want to be a better negotiator? Who doesn’t?! All of us negotiate, every day. And whether it’s over what channel to watch on the television, a salary increase, or a multimillion-dollar business contract, the skills required to achieve good negotiation outcomes are the same.
Getting governance right for the Central to Eveleigh innovation precinct
The NSW Government’s vision to create a globally competitive innovation precinct in the Central to Eveleigh corridor provides much needed strategic direction that the Central Station and precinct renewal project has been lacking. But delivery of this vision will require a change to the governance and decision making arrangements for the project.
Quantum merit - No more ‘get out of jail cards’ for contractors
High Court winds back the scope of quantum meruit claims under terminated contracts
Duty to warn and the combustible cladding crisis
Our principal, Owen Hayford, presented his highly commended Brooking Prize paper – The duty to warn and the combustible cladding crisis – via a Society of Contraction Law Australia webinar on 11 March 2021.
A copy of the paper and slides can be downloaded via this blog. SoCLA members can also watch a video recording of the webinar via the blog.
NSW building industry to have greater liability for defective building work
The NSW Government’s response to the Shergold and Weir report into building regulation included an unexpected component - by proposing a new statutory duty of care on all “building practitioners” in favour of owners’ corporations, subsequent residential homeowners and unsophisticated development clients.
Why all executives should read what Hayne has to say about remuneration, governance and culture
While Commissioner Hayne’s recommendations are rightly receiving much attention from those involved in the financial services industry, his observations in relation to remuneration, governance and culture will ultimately be seen to have much broader application. They contain important messages for anyone involved in a senior leadership or management role in an organisation, including those outside the financial services industry.
Back to the past for dodgy construction payment adjudications
Construction lawyers got very excited last week, when Australia’s highest court rendered two decisions on the rights of principals to construction contracts to seek judicial review of adjudications made under security of payment legislation — Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd, and Maxcon Constructions Pty Ltd v Vadasz
Managing Sydney’s congestion through road pricing
What should be done to reduce road congestion in Sydney? Owen shares his views at a Grattan Institute panel discussion.
A victory for commercial certainty and freedom of contract - Australian High Court guidance on penalty clauses
Contractual provisions requiring agreed payments designed to discourage particular behaviours are now more likely to be legally enforceable.