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31 May 2021
A climate change duty of care: Sharma v Minister for the Environment
The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the...
04 May 2021
Increasing expectations for climate change risk disclosure affecting businesses and financial services
Further statements from regulators and commentators reinforce the expectation that businesses will consider the materiality of climate change-related risks and disclose them accordingly. The obligations are not new, but rather the expected nature of action to satisfy existing obligations continues...
23 December 2020
Australia’s enhanced decommissioning framework released
Snapshot On 14 December 2020, the Department of Industry, Science, Energy and Resources ( Department ) released a consultation paper entitled "Enhancing Australia's Decommissioning Framework" ( Enhanced Framework ). The paper is the third step in a reform process and follows a Discussion Paper...
11 December 2019
Real Estate. Reconsidered
The real estate sector has been at the centre of many of the most significant changes that are impacting the modern world. A decade ago the financial crisis shook our markets. However, the subsequent drive for diversification has led to an unprecedented period of cross-border investment and...
22 October 2019
The compulsory purchase regime in England
Compulsory purchase is sometimes necessary for development to proceed but it can be confusing for those who are unfamiliar with the process. The aim of this podcast series is to provide a user friendly explanation of the compulsory purchase regime in England, to give a listener a good understanding...
21 May 2019
A new Aboriginal heritage system for WA
In March 2019, the Minister for Aboriginal Affairs released a discussion paper outlining proposals for reforming the Aboriginal Heritage Act 1972 (WA) ( Discussion Paper ). The 31 May 2019 date for lodging a submission in response to the Discussion Paper is fast approaching. Any person with land or...
15 February 2019
Climate change impacts used to reject new NSW coal mine
Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’.
29 January 2019
DELWP is reviewing planning controls for buffers and separation distances – Here’s what you need to know
The Victorian Department of Environment, Land, Water and Planning ( DELWP ) is undertaking a review of planning controls for buffers and separation distances as part of its response to the Major Hazard Facilities Advisory Committee, the Independent Inquiry into the Environment Protection Authority...
15 November 2018
New Legislation: A tectonic shift in Queensland’s financial assurance and rehabilitation framework passes
The new legislation has significant implications for resource sector EA holders. Impacted entities should consider the potential impacts on their mining operations and cash flow caused by the FP Act. Relevant steps should be taken by entities to prepare for the transition to PRCPs, the new FA...
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18 October 2021
Public Law Project: Judicial Review Trends and Forecasts conference 2021
We are delighted to be supporting the Public Law Project again in running its annual Judicial Review Trends and Forecasts conference. This year the conference will take place as a week of online seminars on the theme of 'accountability and the constitution'.
12 October 2021
The Bettor's Verdict – a Herbert Smith Freehills podcast
In this podcast Steven Jacobs is joined by industry insider guests to discuss current issues in gambling law, sports law, and digital law. Their conversations focus on unwinding the tangled web of US gambling and sports laws past and present, and delve into the digital law space to cover topics...
11 October 2021
Cartel Intel – updates from our EMEA network
In this fourth edition of our quarterly update on key EMEA cartel developments, we are pleased to open with a short interview with Bo Vesterdorf , formerly a judge at and the President of the EU General Court and now a senior consultant with HSF. In the interview, Brussels Partner Daniel Vowden has...
08 October 2021
Onwards and Upwards: In celebration of Black History Month
Making the time and effort to understand each other's lived experiences is an important part of our commitment to building a more inclusive culture in which everyone can thrive. Capturing these experiences through the eyes of colleagues enables us to collectively take another step towards a society...
06 October 2021
Webinar: Cross-border restructurings: how UK schemes may benefit businesses in Asia Pacific
Jurisdictions across the globe have sought to expand their restructuring toolkits – spurred on by Governments seeking to support business during the pandemic. This has had a significant impact on the options available when restructuring business in Asia Pacific.
06 October 2021
Taking the Floor: Government proposes to legislate a recovery presumption for funded class action group members
On 30 September 2021, the Department of Treasury opened consultation on new laws which, if enacted in their proposed form, will introduce new hurdles for litigation funders intended to ensure fairer returns for group members in future funded class actions.
05 October 2021
Government planning significant extension to UK's pensions notifiable events regime for corporates
The government has confirmed it plans to make long-anticipated changes to the UK's pensions notifiable events regime. The changes, first floated in 2018 and now confirmed (subject to consultation), are almost certain to mean that corporates will be required to give the Pensions Regulator and...
05 October 2021
Delivering Alternative Excellence
Fresh from scooping the title of Alternative Service Provider of the Year at the recently held African Legal Awards, Vanessa Kingsmill and Naseem Ameer-Mia of Herbert Smith Freehills chatted to Africa Legal’s Tom Pearson about their recipe for success.
05 October 2021
Parliamentary Joint Committee on Intelligence and Security backs two step approach to adopting the security of critical infrastructure reforms
On 29 September, the Parliamentary Joint Committee on Intelligence and Security ( PJCIS ) published its advisory report on the Security Legislation Amendment (Critical Infrastructure) Bill 2020. 1
04 October 2021
Cartel Intel: Interview with Bo Vesterdorf, former President of the EU General Court
In advance of the next edition of Cartel Intel , our quarterly update on key EMEA cartel developments, Daniel Vowden (Partner, Brussels) had the great privilege of discussing important recent EU legal developments with Bo Vesterdorf , formerly a judge at and the President of the EU General Court (...
01 October 2021
New pensions criminal offences and regulatory sanctions now in force
From today, directors, lenders, investors and other parties to corporate activity which may jeopardise the interests of a defined benefit (DB) pension scheme face the spectre of criminal prosecution. The new pensions criminal offences and other regulatory sanctions which come into force today are...
30 September 2021
GAR Live: Energy Disputes 2021
The annual GAR Live: Energy Disputes conference is taking place in London this year, where experts from across the country and throughout Europe will join together for a hybrid event. The energy industry is currently in the midst of a pivotal shift with a growing demand for renewable sources. This...
30 September 2021
TMA submissions on Australian creditors’ scheme of arrangement consultation
On 2 August 2021, the Treasury released a consultation paper seeking feedback on changes to improve creditors’ schemes of arrangement in Australia (the Consultation Paper ). The submissions process has now closed.