09 April 2021
Miners lead on occupational health and safety. But what about digital health and safety?
With cyber attacks all over the news – and cyber security firm, Secolve, warning that miners and contractors could be increasingly in the cross-hairs – we look at where your operations could most be at risk, and what you can do to reduce the risk of being the next victim. In 2019, International...
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...
24 March 2021
Workplace change for the Covid recovery
Australian Industrial Relations reforms In May 2020, the government announced its intention to introduce workplace changes to support the rebuilding of a post-Covid economy. Join our Employment, Industrial Relations and Safety team as we unpack the headlines and follow the latest developments on...
10 March 2021
Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration ( ACICA ) released the inaugural Australian Arbitration Report ( Report ). The Report analysed data obtained by ACICA and FTI Consulting in the inaugural Australian Arbitration Survey ( Survey ). The Survey collected...
18 November 2020
UK Government announces plan for a Green Industrial Revolution
Today the Prime Minister Boris Johnson has set out the Government’s ten point plan for what it is calling the green industrial revolution. This is part of the blueprint for the UK to meet the legally-binding target to produce net zero carbon emissions by 2050.
06 November 2020
That’s Gold: Federal Court gives Gascoyne DOCA the green light
On 29 September 2020, the Federal Court of Australia published its much anticipated decision in Habrok (Dalgaranga) Pty Ltd v Gascoyne Resources Ltd  FCA 1395, dismissing Habrok’s attempt to set aside a Deed of Company Arrangement ( DOCA ). The DOCA had been the culmination of a 15 month...
20 October 2020
International Arbitration in Australia in 2020 – state of play
International arbitration continues to play an increasingly important role in Australia. In this note we canvass some of the key developments in the international arbitration space in 2020, including: Recent judicial support for international arbitration and the enforcement of arbitral awards,...
30 July 2020
Human rights arguments increasingly deployed in climate change litigation
There has been a significant rise over the past five years in the number of climate change claims that have been based (at least in part) on human rights principles, according to the latest report from the London School of Economics Grantham Research Institute on Climate Change and the Environment...
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.
13 May 2021
Part 26A restructuring plans - most significant change in 20 years
In what is likely to be the most significant change to the UK restructuring and insolvency market since the Enterprise Act 2002, the Court has yesterday 1 paved the way for restructuring plans under Part 26A to the Companies Act 2006 ("RPs") to be used to compromise the rights of landlords,...
12 May 2021
CO2 Preis bleibt hälftig beim Vermieter
Der Grundsatz, dass verbrauchsabhängige Nebenkosten auf den Mieter vollständig umgelegt werden können, gerät ins Wanken. Am 12. Mai 2021 hat das Bundeskabinett beschlossen, dass der seit 1. Januar 2021 geltende CO2 Preis hälftig zwischen Vermietern und Mietern geteilt werden soll.
11 May 2021
EU Sustainable Finance Action Plan takes shape with proposal for Corporate Sustainability Reporting Directive and first Taxonomy Delegated Acts
On 21 April 2021 the European Commission took another step towards implementing the Green Deal and the Sustainable Finance Action Plan by adopting a package of measures, including a proposal for a Corporate Sustainability Reporting Directive (CSRD) and the first Climate Delegated Act under the...
11 May 2021
Routes and obstacles to a second Scottish independence referendum
At the time, the 2014 referendum was seen as a “once-in-a-generation opportunity” to settle the question: “ Should Scotland be an independent country”. The No-vote won by 55% to 45%. However, following the results of the Scottish Parliament election on 6 May, the debate around a second referendum...
11 May 2021
National Security and Investment Act 2021: Application of the New UK National Security and Investment Regime to Lending Arrangements
On 29 April 2021 the National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the ability of the UK Government to review transactions on national security grounds, and potentially prohibit their completion or...
10 May 2021
Copyright owners “Don’t have to take it”: Federal Court of Australia awards substantial remedy for copyright infringement, plus double damages for flagrancy
The Federal Court’s recent decision in Universal Music v Palmer , in which Mr Palmer was ordered to pay AU$1.5 million for his unauthorised use of the song We’re Not Gonna Take It , reaffirms that the Court is prepared to award significant financial remedies to intellectual property owners whose...
10 May 2021
Hydrogen and Africa
As part of the energy transition, clean hydrogen has emerged as a critical tool in decarbonising our economies. In this article, we discuss the hype around hydrogen, provide a quick recap of hydrogen technology and explore reasons why the African continent is well placed to leverage the...
07 May 2021
The Future of Packaging Waste in the UK: Government Outlines Framework for Extended Producer Responsibility
The UK Department for Environment, Food, and Rural Affairs (DEFRA) launched a second consultation on the introduction of UK-wide Extended Producer Responsibility (EPR) for Packaging (deadline to submit responses is 4 June 2021 ). The proposals provide further information on Government's plans to...
05 May 2021
Corporate Debt and Treasury Report 2021
Corporate Treasury Proves Resilient to COVID-19 Challenges and ESG Rises Up The Corporate Agenda For the seventh consecutive year, our Corporate Debt team has surveyed and interviewed treasurers and other senior finance professionals over 100 large UK listed corporates (and equivalents) for our...
05 May 2021
The Future of Consumer – 2021 APAC predictions
2020 presented a number of significant challenges with Covid-19 accelerating some of the existing trends in the consumer sector – and we expect to see these issues driving some real turning points in 2021, as our Asia-Pacific Consumer team will explore in this series. Trust continues to be a major...
04 May 2021
Where next for South Africa’s upstream sector and would-be investors?
It has now been over two years since Total made its significant gas condensate discovery in the Brulpadda block, offshore Mossel Bay. The announcement led to much anticipation for the rapid development of an upstream petroleum industry in South Africa.
30 April 2021
KEY ISSUES FOR ASX LISTED ENTITIES RAISING CAPITAL TO FUND ACQUISITIONS
It can be efficient and effective for ASX listed entities to fund major acquisitions out of the proceeds of a capital raising. However, there are also interrelated risk, timing, process and approval factors to balance. In this article we survey some of the more recent major capital raisings to fund...