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Articles by Scott Ivey
Australian court confirms dismissed claims cannot be re-adjudicated
The case concerned three separate payment claims issued by GE Renewables Australia Pty Ltd and Elecnor Australia Pty Ltd (GE-Elecnor) - the engineering, procurement, and construction contractor for a wind farm in South Australia. Each of the three payment claims sought compensation in connection with delays arising in respect of site access (‘delay events’) allegedly caused by the principal, Goyder. Goyder applied for judicial review of an adjudication determination of the second payment claim.
NSW ruling underscores strict requirements for interstate service of applications to set aside statutory demands
In the case between Tellhow International Engineering & Contracting Co. Ltd and Riverina Solar Pty Ltd, both of which have a registered office in New South Wales (NSW), Tellhow served a statutory demand on Riverina. Under section 459G of the Corporations Act 2001 (Cth), recipients of statutory demands have 21 days from the date of service to either arrange payment or apply to the court to set aside the statutory demand.
Singapore freezes new bookings for vaccinated travel entry
Singapore has frozen all new ticket sales for vaccinated travel lane (VTL) flights and buses for travel into Singapore from 23 December until 20 January. This is aiming to reduce Singapore’s exposure to imported cases of infection with the Omicron variant of Covid-19, Singapore’s Ministry of Health (MOH) announced.
World Bank encourages private investment in renewables in Indonesia
The World Bank (WB) has recommended that Indonesia do more to encourage private investment in renewables as part of work to deliver on its energy transition. Indonesia should put in place a package of reforms and investment in order to achieve its aim of cutting greenhouse gas emissions by between 26% and 41% by 2030 and to reach carbon neutrality no later than 2060, according to a new WB report.
Germany to explore digital justice tools for citizens
German citizens could soon be able to digitally file a claim with the courts following a review commissioned by the new German justice minister. "The digitalisation of the judiciary is important to me," tweeted the new German minister of justice Marco Buschmann on 17 December. "Therefore, today I have commissioned a discovery sprint for two projects: an online claims tool and an assisting chatbot.
‘Gold standard’ set for UK construction frameworks
An overhaul of construction frameworks, a contracting model which is popular in the UK public sector, has been endorsed after a review identified concerns about the cost, complexity and waste associated with their current use. Framework agreements sit on top of, but do not tend to interfere with, underlying contracts that are agreed.
Making an application under Ireland's Renewable Energy Support Scheme 2
Applications are now open for projects planning to bid for the second of Ireland’s Renewable Electricity Support Scheme (RESS) auctions. The qualification application date window opened on 7 December 2021 and will close on 13 January 2022, with the auction set to take place in May 2022, according to the timetable published in October (3 page / 213 KB PDF). RESS is a support scheme aimed at incentivising and increasing the supply of power to Ireland’s electricity grid from renewable energy sources.
EU to set up a system to certify carbon removals in 2022
The EU Commission will propose a certification system for carbon removed from the atmosphere next year, it has announced. The framework will include transparent, scientifically robust carbon accounting rules to monitor and verify the authenticity and environmental integrity of sustainable carbon removals.
Global minimum tax rate: OECD publishes detailed rules
Detailed ‘model rules’ have been published setting out how a proposed 15% global minimum corporate tax rate will operate. The model rules, published by the Organisation for Economic Cooperation and Development (OECD), form part of the second pillar of the proposed two-pillar solution to address the tax challenges of the digitalisation of the economy, as agreed by 136 countries in October.
‘Broad, liberal and flexible’: the interpretation of arbitration agreements by the Australian courts
The recent Supreme Court of Western Australia decision of Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206 involved a successful application to stay proceedings and refer a dispute to arbitration pursuant to section 8 of the Commercial Arbitration Act 2012 (WA). The decision confirms that Australian courts will take a ‘broad, liberal and flexible’1 approach to the construction of the language used in an arbitration agreement.
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