Legal Briefings
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13 September 2017
Policyholder recovers agreed value of loss despite potential for ‘over-compensation’
The NSW Supreme Court has allowed a policyholder to recover an agreed value of loss, notwithstanding that it may have been ‘over-compensated’ for the loss actually suffered. The Court also ordered interest to be paid on the unpaid claim from the date the insurer declined indemnity. As a...
Legal Briefings
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30 August 2017
Key developments in Iran, August 2017
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future interest. In particular, the update covers notable developments in both the political arena and key economic sectors.
Legal Briefings
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22 August 2017
Distributed Ledger Technology (DLT): DLT commonly known as blockchain technology is driving a new wave of innovation and productivity in the mining industry
Capital investment flows and the explosion of DLT projects across a multitude of industries internationally shows us that the technology which originated with the digital currency Bitcoin is exponentially shapeshifting in its use-cases and here to stay.
Legal Briefings
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22 August 2017
Amendments to the Heavy Vehicle National Laws: Simplifying the law, increasing the penalties
There are upcoming changes to the Heavy Vehicle National Law ( HVNL ) which will affect all businesses which touch upon or deal with the road transport industry. The changes have been brought about to lessen ‘prescription’ in the laws, impose ‘risk-based’ duties, increase consistency with the Model...
Legal Briefings
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09 August 2017
‘Broad, liberal and flexible’: the interpretation of arbitration agreements by the Australian courts
The recent Supreme Court of Western Australia decision of Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206 involved a successful application to stay proceedings and refer a dispute to arbitration pursuant to section 8 of the Commercial Arbitration Act 2012 (WA).
Legal Briefings
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24 July 2017
Key developments in Iran, July 2017
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future interest. In particular, the update covers notable developments in both the political arena and key economic sectors.
Legal Briefings
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17 July 2017
Update: Reviewed Mining Charter (2017)
On 14 July 2017, the Chamber of Mines (" the Chamber ") released a media statement advising that the Minister of Mineral Resources had given a written undertaking that both he and the Department of Mineral Resources (" DMR "), would not implement or apply the provisions of the Reviewed Mining...
Legal Briefings
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21 June 2017
South African mining industry blindsided by Mining Charter III
Much controversy has surrounded the Reviewed Broad-Based Black Economic Empowerment Charter for the South African Mining Industry (“ Mining Charter III ”). Since a draft was published for public comment in April last year questions have arisen as to the lack of meaningful consultation by the...
Legal Briefings
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13 June 2017
Policyholder recovers costs of ‘voluntary’ remediation works
The NSW Supreme Court has granted coverage to a policyholder for the costs of ‘voluntarily’ remediating accidental damage (contamination) to adjacent land, on the basis that it would have been liable to pay damages that would have been covered by the policy had it not remedied the damage.
Legal Briefings
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12 June 2017
Key developments in Iran, June 2017
This update aims to provide a brief overview of key developments which have occurred in Iran during the past month and to highlight areas of future interest. In particular, the update covers notable developments in both the political arena and key economic sectors.
Audio and Video
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08 June 2017
QATAR PROJECTS - WHAT TO DO NOW
Yesterday, we published a client briefing on the immediate steps which you should take if you are affected by this week's decision by Saudi Arabia, the UAE, Bahrain, Egypt, the Maldives and Yemen to cut diplomatic ties with Qatar, and close all land, sea and air communications to the Emirate (click...
Legal Briefings
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07 June 2017
Qatar - diplomatic ties severed: implications for business
On Monday 5 June 2017, Saudi Arabia, the United Arab Emirates ("UAE"), Egypt and Bahrain announced that they would sever diplomatic ties with, and cut off transport links to, Qatar. Saudi Arabia, the UAE, Bahrain and Egypt closed transport links with Qatar from Tuesday 6 June 2017. Effective from...
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20 September 2017
South and Southeast Asia Private Equity Review
With 2017 marking the 50th anniversary of ASEAN and India steadily emerging as a sweet spot for private equity investors, it is timely that we discuss the investment trends across South and Southeast Asia in the private equity sector.
Legal Briefings
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20 September 2017
COAG Energy Council proposes to bypass the AEMC when making rules for energy security and reliability of the NEM or long term planning for the NEM
Draft legislation that will allow the Coalition of Australian Governments ( COAG ) Energy Council to bypass the current rule change processes by allowing the South Australian Minister to make rules under the National Electricity Law ( NEL ) and National Gas Law ( NGL ) (and to a limited extent the...
Legal Briefings
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19 September 2017
Superannuation regulatory pivot
On 14 September 2017, three important superannuation bills were introduced into Parliament: the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2017; the Treasury Laws Amendment (Improving Accountability and Member Outcomes in...
Legal Briefings
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18 September 2017
Competing class actions: When is a permanent stay of a proceeding warranted?
We now have greater clarity regarding the principles to be applied when competing (and substantially identical) class actions are filed against a single defendant based on the same set of circumstances.
Legal Briefings
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18 September 2017
Use of ATE insurance as security for costs
In the decision of Petersen 1 in June this year, the Federal Court of Australia confirmed that an appropriately worded “adverse costs” or “after the event” ( ATE ) insurance policy could constitute sufficient security for a defendant’s costs, but ruled that the policy in question was insufficient.
Legal Briefings
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18 September 2017
VLRC review into Litigation Funding and Group Proceedings
On 17 July 2017, the Victorian Law Reform Commission ( VLRC ) released a consultation paper as the next step in its review of the potential risks and cost burdens for litigants when using the services of litigation funders and/or participating in group proceedings. 1
Guides
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18 September 2017
GDPR made simple - Pensions and Lifetime Savings Association
The Pensions team at Herbert Smith Freehills have collaborated with the Pensions and Lifetime Savings Association (PLSA) to produce a "Made Simple" guide to help pension trustees prepare for the arrival of the GDPR , and to illustrate how they can best ensure GDPR-readiness in advance of 25 May...
Legal Briefings
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18 September 2017
Infrastructure trends - #2: Demographics are driving greenfield projects
In this series of short articles we look at the current trends affecting infrastructure investment in Australia . This article considers trend #2 – how demographics are driving greenfield infrastructure projects.
Legal Briefings
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15 September 2017
REVISED AND IMPROVED: NEW INSOLVENT TRADING SAFE HARBOUR AND IPSO FACTO LEGISLATION PASSES THROUGH THE SENATE
On 11 September 2017, two major reforms to Australia’s insolvency laws – an insolvent trading safe harbour and a restriction on the enforcement of ipso facto rights in certain circumstances – passed through the Senate with certain amendments being made at the final hour. The Bill now awaits royal...
Legal Briefings
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15 September 2017
Guidance on the Unitary Patent from Herbert Smith Freehills and the EPO
Want to know how to obtain the new unitary patent right that will become available across 26 of the 28 EU member states (including the UK) once the Unified Patent Court is established? Wondering how the new right will impact on your patent portfolios and licensing schemes?
