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02 June 2021
Future Cities Series: A delicate symbiosis – Green cities and the mining sector
By now, it’s widely accepted that our cities of the future need to be cleaner, greener and technologically superior, conjuring images of renewable energy, electric vehicles and ‘smart’ everything. You’d be forgiven for thinking that the mining sector sits counter to this vision – but you’d be wrong...
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 [2021] 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...
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 (Australia)
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 [2020] 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,...
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23 June 2021
Webinar: Anti-Racism and Inclusive Leadership with John Amaechi OBE
Many organisations have made important strides over the past year to challenge racism, both in the workplace and in other walks of life. Yet, there is clearly a long way to go before we reach a turning point in addressing systemic racism.
22 June 2021
Australia’s AI Action Plan: A clear vision for AI in Australia, and the promise of concrete action
Artificial intelligence, in its many forms, is rapidly embedding itself in and transforming many aspects of our everyday lives, often without our knowledge. This means that AI has the potential to fundamentally change how we live for the better — but only if its implications are well understood and...
22 June 2021
Mandatory notification of ransomware payments in Australia appears likely
On 21 June 2021, Shadow Assistant Minister for Cyber Security, Tim Watts, introduced in Federal Parliament the Ransomware Payments Bill 2021 (the Bill ). This follows the Department of Home Affairs secretary, Mike Pezzullo, flagging the idea at a Senate Committee Hearing earlier this year in May...
22 June 2021
German Federal Tax Court decides that "Sweet Equity" can be taxed at beneficial capital gains tax rates – what does this mean for financial investors?
The German tax treatment of disposal proceeds of so-called "sweet equity" had until recently been somewhat unclear: While the German tax authorities often tried to apply the regular, top income tax rates of up to c. 48%, taxpayers usually aimed for the more beneficial so-called partial income...
21 June 2021
Regulatory reform for software-based consumer health products: New regulations provide clarity but can they keep up with the technology?
Mobile health apps and devices (“mHealth”) are a rapidly growing sector of consumer technology. These products are able to measure increasingly complex physiological functions. Recent regulatory reforms clarify that “consumer health products”, including most mHealth products, are not medical...
18 June 2021
When should companies be prosecuted for the acts of employees and third parties?
On 9 June 2021, the HSF London Corporate Crime and Investigations ("CCI") team hosted the launch event for the Law Commission's consultation on what (if any) reform should be proposed to HM Government in relation to the law on corporate criminal liability in England and Wales. This was the first in...
17 June 2021
Amendment of the Transparency Register: How will it affect reporting obligations in Germany and what will the consequences be for companies that fail to comply?
On 9 June 2021, the German Federal Parliament passed the German Transparency Register and Financial Information Act (TraFinG) which, in particular, contains extensive amendments to the German Money Laundering Act (GwG) in connection with the transparency register. The TraFinG will come into force...
17 June 2021
Covid-19 update: restrictions on enforcement extended
Forfeiture: commercial leases At the eleventh hour, and despite previously declaring that it was the final extension, the UK Government has today announced that the current restrictions on landlords being able to forfeit commercial leases for non-payment of rent (which protection was due to expire...
16 June 2021
Catalyst // Webinar Series
As markets move from response to recovery, our focus is shifting too. Looking ahead, we expect the global pandemic to operate as a catalyst, accelerating changes in human behaviour, driving forward scientific and technological advances, and ushering in further digitalisation and some tough choices...