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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19 November 2018
Arbitration clauses before the High Court of Australia
Last week the High Court of Australia heard the matter of Rinehart v Hancock Prospecting , a case that is likely to have wide-reaching implications for the interpretation of arbitration agreements in Australia. This matter raises an important question of principle: does a contractual clause...
16 November 2018
Brexit Withdrawal Agreement: Impact for data protection
Following a UK Cabinet meeting on 14 November 2018, the UK Government has announced support for the text of a draft Withdrawal Agreement and an outline of the Political Declaration on the Future Relationship agreed with EU negotiators. The Withdrawal Agreement sets out the arrangements for the UK’s...
15 November 2018
Navigating the Christmas season in the #MeToo era: 5 tips for planning a fun (and liability-free) work event
The spotlight on sexual harassment in the workplace has never been brighter. The #MeToo movement has empowered people to draw a sharp line in the sand about inappropriate sexual behaviour in the workplace. The number of high profile men – politicians, entertainers and business leaders, plus the...
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...
15 November 2018
UK Cabinet agrees Brexit deal – what was agreed and what next?
Following a UK Cabinet meeting yesterday afternoon the UK Government has announced support for the text of a draft Withdrawal Agreement and an outline of the Political Declaration on the Future Relationship agreed with EU negotiators. The Withdrawal Agreement sets out the arrangements for the UK's...
15 November 2018
Draft Withdrawal Agreement Approved by UK Cabinet – IP and Marketing Authorisation Provisions Summarised
As has been widely reported, the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the Draft Withdrawal Agreement ), detailing the arrangements for the UK to leave the EU was agreed by the...
13 November 2018
The next step in legislating for the use of self-driving vehicles
The Automated and Electric Vehicles Act 2018 received Royal Assent in July 2018. While providing (in broad terms) for a system of civil liability where an accident is caused by an automated vehicle and establishing core definitions, the Act does not seek to address a number of important issues...
12 November 2018
The Sale of Land Act is set to change – here’s what you need to know
The Victorian Parliament has recently introduced a new bill which plans to restrict the use of sunset clauses in residential off the plan contracts, prohibit certain rent-to-buy agreements and terms contracts and altering the offence provisions for vendor disclosure obligations. If passed, the Bill...
12 November 2018
Real Estate: what developers need to know about the rising trend of short stay accommodation
The Victorian Parliament recently passed legislation to regulate short-term accommodation arrangements in apartments that are governed by owners corporations. The legislation will come into effect in February 2019. In summary, the legislation now gives power to the owners corporations and affected...
09 November 2018
ACCC to up the ante in consumer protection matters
The ACCC recently released its Annual Report for the 2017/2018 financial year. 1 As well as looking back at the ACCC’s performance over the year, for companies operating in the consumer and retail sectors, it also provides useful insights into where the ACCC is heading in the area of consumer...
09 November 2018
What’s the damage? – The Federal Court’s decision in Sigma v Wyeth
Justice Jagot’s recent decision (of more than 400 pages) in Sigma v Wyeth 1 is an Australian first. The judgment considers the damages payable pursuant to an undertaking given for the grant of an interlocutory injunction in a pharmaceutical patent case.
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...
