07 December 2018
Increasing the cost of construction in the resources sector – Navigating the Building and Construction Industry Training Levy Amendment
As of 1 October 2018, amendments to the Building and Construction Industry Training Fund and Levy Collection Regulations 1991 (WA) ( Regulations ) came into operation. The amendments repealed the previous exemption for mining construction works, with the effect that a broad range of mining and...
07 December 2018
Insuring against cyber threats going into 2019
Cyber remains a very hot topic for all businesses, including in the mining sector. As projects become more automated, the potential for cyber disruption increases. Equally the controls and/or safety systems for a project may be some distance from the project itself, creating risks across a wider...
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...
08 November 2018
Second Wave of United States Sanctions Against Iran Re-Imposed
Following President Trump’s decision on May 8, 2018 to withdraw the United States from the Joint Comprehensive Plan of Action (“JCPOA”), the US government announced that it would re-impose pre-JCPOA nuclear-related Iran sanctions (both primary and secondary) that were lifted under the JCPOA. As we...
27 September 2018
“Holding” DOCAs confirmed as valid by High Court of Australia
On 12 September 2018, the High Court of Australia ( High Court ) gave judgment in the case of Mighty River International Limited v Hughes ( Mighty River ). 1 In that decision, the High Court (by a 3:2 majority) held that a “holding” deed of company arrangement ( DOCA ) is valid.
14 September 2018
Internal Investigations and Privilege - update
The law of privilege is of particular importance in the present climate of intense regulatory and public scrutiny of corporate misconduct. Following significant corporate events or allegations of wrongdoing, companies often establish internal investigations to seek legal advice or in anticipation...
13 September 2018
Tanzania's new integrity pledge for mining companies: does it meet international best practice?
Since July 2017, the Government of Tanzania has introduced significant regulatory reforms to the mining industry (as well as the nascent upstream oil and gas industry). See our previous notes on these reforms here , here and here .
10 September 2018
Class Action Assault on UK PLCs for Acts of Subsidiaries
A recent trio of decisions 1 from the Court of Appeal of England and Wales has provided insight into the circumstances in which an English-domiciled company may be held liable in negligence to individuals affected by the acts of its overseas subsidiaries.
15 August 2018
Getting the deal through: Mining 2018 (South Africa Chapter)
The mining industry has historically been a key driver of the South African economy. Economic activity in modern-day Soth Africa has been centered on mining activities, their ancillary services and supplies. The country's stock exchange in Johannesburg was established in 1887, a decade after the...
01 August 2018
Indonesia’s foreign investment regime liberalised by new OSS system
In its efforts to encourage and accelerate investment, the Indonesian government has issued a set of regulations reforming existing business licence regulations and establishing an online one-stop business licensing system known as Online Single Submission (“ OSS ”). We believe this represents a...
27 July 2018
The temperature is rising on corporate crime in Australia Implications for company directors
Proposed corporate crime reforms will involve a sea change in director responsibility. Rather than directors reacting to issues that come to their attention like foreign bribery offences, it will be important for directors to take proactive steps to ensure such issues do not arise.
27 July 2018
Upheaval and uncertainty in mineral regulation in parts of Africa: Resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-) emerging. In this context it is important for companies associated with the mining sector to be aware of the...
15 June 2018
Heightened Risk? Resource nationalism on the rise in sub-Saharan Africa
The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries.
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01 February 2019
Client Academy India
We are very proud to host our inaugural flagship event, the Client Academy India. This event, which will take place in Mumbai at the beginning of 2019, is aimed at bringing together a select group of the most senior legal advisers from major organisations across India for a full day programme...
13 December 2018
Computer-implemented advertising method can rock on
Over recent years there has been doubt about the extent to which computer-implemented business methods and processes could be the proper subject of patent protection. Justice Robertson’s much anticipated decision in Rokt Pte Ltd v Commissioner of Patents 1 this week provides needed clarity on the...
13 December 2018
Are you ready for the new lease standards under IFRS 16?
CHANGES IN A NUTSHELL From 1 January 2019, a new IFRS 16 standard, which was published by the International Accounting Standards Board in January 2016, comes into force. It will profoundly change the accounting treatment of leases by requiring companies to bring most leases on-balance sheet. The...
13 December 2018
The View from Brussels – Comments on various "Plans B"
The negotiated withdrawal deal comprising a legally binding Withdrawal Agreement and a Political Declaration on future relations is facing significant opposition in the UK and is now unlikely to be submitted for parliamentary approval before January. The situation is confused and expressions of...
12 December 2018
Herbert Smith Freehills advises Maia Financial on a new A$100,000,000 asset finance fund
Herbert Smith Freehills has advised Maia Financial on the establishment of a new A$100,000,000 specialised fund that will allow Maia Financial to provide its Australian and New Zealand clients with an alternative source of asset finance.
11 December 2018
DANIEL FINKELSTEIN SHARES HIS THOUGHTS AND LATEST POLL RESULTS
On our 28 November 2018 Brexit webinar, we were delighted to be joined by Daniel Finkelstein OBE to share with us his thoughts on the current status of the Brexit negotiations. Daniel is an Associate Editor and weekly columnist for the Times newspaper, a member of the House of Lords since 2013 and...
11 December 2018
Patent and Pharma Update, December 2018
Key recent developments in the United Kingdom and Europe relating to patents and the pharmaceutical sector This issue reports on several ground-breaking decisions from the UK courts on second medical use patents and skinny labels, infringement by equivalents and the possibility of global FRAND...
11 December 2018
The Assistance and Access Act 2018: The Crypto Wars’ final act for 2018
On 6 December 2018 — the last sitting day of Parliament of the year — the Federal Government passed the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth), which received Royal Assent earlier this week (the Act ).
11 December 2018
ACCC Inquiry into Digital Platforms
The Australian Competition and Consumer Commission ( ACCC ) has conducted a broad-reaching inquiry to consider the impact of digital platforms – particularly Google and Facebook – on consumers, advertisers and the media. The ACCC’s Preliminary Report makes 11 preliminary recommendations across...
07 December 2018
Increasing the cost of construction in the resources sector – Navigating the Building and Construction Industry Training Levy Amendment
As of 1 October 2018, amendments to the Building and Construction Industry Training Fund and Levy Collection Regulations 1991 (WA) ( Regulations ) came into operation. The amendments repealed the previous exemption for mining construction works, with the effect that a broad range of mining and...
07 December 2018
Insuring against cyber threats going into 2019
Cyber remains a very hot topic for all businesses, including in the mining sector. As projects become more automated, the potential for cyber disruption increases. Equally the controls and/or safety systems for a project may be some distance from the project itself, creating risks across a wider...
