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.
15 July 2020
Future Cities Series: Tech-driven supply chains to help shape future cities
The criticality of global supply chains to not only economic strength but also societal health has been brought into sharp focus by the Covid-19 pandemic. As economies look towards pathways to recovery and resilience, supply considerations will be paramount. Additionally, policy responses to the...
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...
19 March 2020
Pressure Points: Smart legal contracts – shoring up supply chains in a time of crisis (Global)
The impacts of Covid-19 on businesses, supply chains, and traditional legal contracts are already being realised and will continue to escalate. However it is during these times of crisis that new innovations and opportunities are conceived so that society, businesses and economies can in some way...
18 March 2020
COVID-19 People: Short guide for employers (Australia)
The COVID-19 virus is new, rapidly evolving and having a major impact on workplaces. The virus is giving rise to multitude of employment and safety-related questions in a context which has not previously been contemplated, on topics ranging from an employer’s payment obligations and dealing with...
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?
03 March 2020
Directors walking tightrope on ESG disclosure
In the context of BlackRock’s climate ‘epiphany’ last month, as well as clear indications from significant fund managers such as Sir Christopher Hohn’s TCI Funds Management that they will be taking more overtly activist steps to catalyse climate action in future, listed company boards have never...
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...
22 January 2021
Policyholders defeat insurers’ appeal in UK FCA test case on cover for COVID-19 business interruption losses
The momentum in favour of policyholders seeking BI cover for COVID-19 related losses continues as the English Supreme Court has unanimously dismissed the insurers’ appeal against the original judgment which was largely favourable to policyholders.
21 January 2021
Proposals by the Indian Ministry of Corporate Affairs for a new Prepackaged Insolvency Resolution Process
Background and purpose of the proposals On 8 th January proposals for a new ‘Prepackaged Insolvency Resolution Process’ ("PIRP") were issued by the Indian Ministry of Corporate Affairs for public consultation, and we have considered them from a foreign perspective. The proposals are continuing...
21 January 2021
Corporate Treasurer Briefing - Is LIBOR Really Entering the End Game?
The end of 2021 has been the date set in stone for the discontinuation of LIBOR for some time. In our briefing we look at the status of LIBOR transition across various different currencies and products and explore some of the events which will catalyse the transition in 2021.
20 January 2021
The Anti-Bribery and Anti-Corruption Review - 9th Edition: Russia Chapter
Although Russia was ranked 137 out of 198 countries on Transparency International’s 2019 Corruption Perceptions Index, sharing the spot with such countries as Mexico, Papua New Guinea and Paraguay, in its Third Round Evaluation Report published on 21 November 2016, the Group of States against...
19 January 2021
Key TCA issues for the energy sector
The EU-UK Trade and Cooperation Agreement (" TCA ") establishes objectives for the energy market by providing for the facilitation of trade and investment between the EU and the UK (the “ parties ”) in the areas of energy and raw materials, and supporting security of supply and environmental...
19 January 2021
UK Export Development Guarantee scheme: supporting UK exporters to access liquidity
An increasing number of UK manufacturing and industrial companies including Rolls-Royce and the UK's two largest airlines have recently turned to UK Export Finance (UKEF), the UK government’s export credit agency for trade finance and insurance, to provide guarantees to assist with accessing...
18 January 2021
UK Government's 10 point plan
The UK government recently announced a £12 billion “Ten Point Plan” to lead a “Green Industrial Revolution”. This plan aims to mobilise £42 billion of private investment by 2030 with the aim of reducing UK emissions by 180 million tonnes of carbon dioxide equivalent between 2023 and 2032. The below...
15 January 2021
Supreme Court hands down judgment in FCA’s Covid-19 Business Interruption Test Case
The Supreme Court has today handed down judgment in the Covid-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others . Herbert Smith Freehills acted for the FCA who advanced the claim for policyholders.
14 January 2021
Why the Worley court action is a landmark case for boards
A recent landmark court decision on class actions is being interpreted as a signal to boards and directors that they may successfully defend class actions if they can show they took reasonable steps to determine how decisions were made. Herbert Smith Freehills partner Jason Betts, who will host an...
14 January 2021
The Al-Ula Declaration – GCC diplomatic relations restored
In June 2017, Saudi Arabia, the United Arab Emirates (the “UAE” ), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Three and a half years later, the states have agreed to restore diplomatic relations. While details of the reconciliation...