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Events | 28 March 2017

Climate Change Liability

Climate change litigation has moved from theoretical to real, as companies globally are increasingly being investigated and fined for failing to appropriately disclose the risks posed to their businesses by climate change. Class action litigation over climate risk has also emerged as a threat, as...
Legal Briefings | 24 March 2017

Emerging from the shadows: The growing importance of safety through the supply chain

Imagine this. You are a senior operations manager for an Australian miner. Your department is responsible for sourcing (among other things) drilling fluid for exploration drilling and batteries for a range of equipment.
Legal Briefings | 24 March 2017

Proposed changes to NSW planning laws

The NSW Government has released a draft bill proposing significant amendments to the Environmental Planning and Assessment Act 1979 ( Act ).
Legal Briefings | 24 March 2017

New law on Indigenous Land Use Agreements

The Federal Government has proposed legislation to: amend the Native Title Act 1993 (Cth); and validate and make effective certain: Indigenous Land Use Agreements ( ILUAs ), registration of ILUAs and applications for registration of ILUAs.
Legal Briefings | 24 March 2017

What is mine is not necessarily yours: the importance of clarifying joint venturers’ rights to access joint venture records

The mining industry has long favoured the use of joint venture structures. Joint ventures can improve the feasibility of a mining project by enabling the parties to share risk, pool capital and access their respective resources and capabilities, with each participant 'usually (but not necessarily)...
Legal Briefings | 24 March 2017

Duty of Vigilance: "A (not so) reasonable draft bill"

The draft bill on the duty of vigilance (sometimes translated as "duty of care") owed by parent and contracting companies was passed by the French National Assembly on 29th November 2016 after a new reading, and went back to the Senate on Tuesday 17th January, only to be rejected by the Law...
Legal Briefings | 24 March 2017

Damages for pharmaceutical patent infringement: Federal Court gives long awaited guidance

Last week, the Federal Court handed down the important decision in Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2017] FCA 250 1 regarding the assessment of damages for pharmaceutical patent infringement. Being the first reported Australian case on this issue, the decision is...
Legal Briefings | 24 March 2017

Herbert Smith Freehills business ethics and anti-bribery policy survey

We recently conducted a survey of the business ethics, codes of conduct and anti-bribery policies published by the ASX Top 150 companies.
Legal Briefings | 24 March 2017

Queensland adopts the Rail Safety National Law

From 1 July 2017, Queensland will have the same rail safety laws as the rest of Australia (known as the ‘Rail Safety National Law’ ( RSNL )).
Legal Briefings | 24 March 2017

Water and infrastructure mining tenure found invalid

The Narrier Federal Court decision, made in December 2016, changes the risk profile of interests granted other than in strict compliance with the correct future act procedures under the Native Title Act.
Legal Briefings | 24 March 2017

What are the legal challenges of embracing big data and the internet of things?

“Big data” and the “internet of things” is fundamentally transforming how mining businesses conduct their operations, and helping companies significantly improve safety and productivity.
Legal Briefings | 24 March 2017

Serious Fraud Office investigations regarding the extractive industry

The mining industry presents a high risk of corruption as operations are often located in high risk regions and it is often necessary to interact with government officials and agencies in order to obtain licenses and approvals for the exploration, development, construction and operation of a mine.
Legal Briefings | 24 March 2017

Why you need to think like a tech company

Innovation and disruptive technology are constant themes across all sectors in the Australian economy – no sector is immune.
Legal Briefings | 23 March 2017

Enhanced licence conditions to apply to new generation licences in South Australia

The Essential Services Commission of South Australia ( Commission ) has been conducting an Inquiry into the technical licence conditions that it has applied to wind and other inverter-connected generation projects in South Australia since 2004.
Audio and Video | 23 March 2017

Madrid video updates: Funds of Banking Assets (or so called FABs)