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  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...
30 March 2021
New ACICA 2021 Arbitration Rules
The Australian Centre of International Commercial Arbitration ( ACICA ) has unveiled revised Arbitration Rules due to enter into force in April 2021. As arbitration continues to be on the rise in Australia, and ACICA enjoys record caseloads, the 2021 ACICA Rules set out ACICA’s vision for the...
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...
27 July 2020
Amendments to Queensland’s security of payment regime
Amendments to Queensland’s Building Industry Fairness (Security of Payment) Act 2017 ( BIF Act ) have now passed, simplifying the project bank account framework and amending the rights and obligations of all parties involved in construction contracts in Queensland.
24 June 2020
Pressure Points: Preparing for the ‘new norm’ of on and off restrictions
As most of Australia contemplates the ongoing easing of emergency measures taken by State, Territory and Commonwealth governments in response to Covid-19, Victoria has announced it will extend its state of emergency until at least 20 July after a spike in cases. Further away, cities in China and...
12 June 2020
EXPLORING OPPORTUNITIES: IMPACTS ON THE DIGITAL INFRASTRUCTURE SECTOR (ASIA)
The pandemic has reinforced the need for, and criticality of, resilient digital infrastructure. How providers will innovate and adapt to changing business and consumer demands post-crisis remains to be seen. What is clear, however, is that the disruption and uncertainty of the last few months has...
07 May 2020
COVID-19: Pressure points: The impact on development finance transactions (Australia)
Less than five months have passed since the existence of a new virus was reported to the World Health Organisation. The pandemic continues to expand, with confirmed cases of COVID-19, the disease caused by the coronavirus (SARS-CoV-2), soon to reach 4 million globally.
16 April 2020
COVID-19: Governance: Moving projects forward in this time of uncertainty (Global)
Over the course of the last 4 to 6 weeks businesses have been incredibly busy dealing with an array of claims from contractors arising out of the COVID-19 pandemic, and the various governmental protection measures put in place to control the virus. For some, the process of reviewing existing...
10 March 2020
Yes Minister - Proposed New powers to derogate from the NER
The National Electricity (Victoria) Amendment Bill 2020 ( Bill ) introduced by the Victorian Government on 18 February seeks to make it easier for the Minister to derogate from the National Electricity Rules ( NER ). So how will the Minister use their proposed new powers?
24 October 2019
ACT Renewable Energy Reverse Auction
Following on from the four reverse auctions held between 2012 to 2016, the ACT Government has announced a new renewable energy reverse auction (the Reverse Auction ) to “safeguard the delivery of sourcing 100% renewable electricity by 2020 from within the ACT or across the National Electricity...
10 October 2019
Order restored: High Court clarifies quantum meruit
After over a decade of uncertainty, the High Court yesterday reined in the use of the quantum meruit remedy. A majority of the Court found that builders can no longer seek compensation on a quantum meruit basis in relation to works where the builder has accrued a right to payment under the contract...
20 May 2022
Issues in Contentious Insolvency Webinar Series
Liquidators are appointed whenever a company is wound up. Banks and other financial institutions often need to deal with liquidators. These interactions can range from (and can turn from) run-of-the-mill document/information requests, to something more contentious, high-profile and high-stake:...
19 May 2022
Do companies have a moral duty to self report to the SFO?
Although Amec Foster Wheeler’s corporate bribery settlement has not introduced any legal obligation to self-report wrongdoing to the Serious Fraud Office, the judgment does encourage companies to seriously consider their moral and ethical duties when deciding whether to do so, argue Herbert Smith...
18 May 2022
Australian Federal Election Workplace and Industrial Relations Survey: Back to the future?
In the lead up to the 2022 Australian Federal Election, our national team ran a series of feedback sessions and surveyed our national clients. The results of our 2022 Federal Election Workplace and Industrial Relations Survey are in.