Sort by
18 March 2019
Mining Charter III: certainty, but at a cost
The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 ( Mining Charter III or the Charter ) came into force on Friday, 1 March 2019 - almost three years after the publication of the first draft. This brought to a close nearly three years of uncertainty and...
13 March 2019
The Foreign Influence Transparency Scheme has commenced: Are you required to register?
Australia’s “Transparency Register” under the Foreign Influence Transparency Scheme is now live, with the time to register arrangements in existence at the date of the Scheme’s commencement expiring on 10 March 2019. We look at the Scheme, which was designed to provide transparency over foreign...
01 March 2019
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event occurs, not when indemnity is declined and, as a result, a policyholder’s court proceedings which were commenced more than 6 years after the date of the...
15 February 2019
Climate change impacts used to reject new NSW coal mine
Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’.
18 December 2018
What use are “entire agreement” clauses on claims for pre-contractual misleading or deceptive conduct?
The High Court of England has recently affirmed 1 that an “entire agreement” clause does not exclude liability for misrepresentation. This article considers whether the law is the same in Australia and, if so, what is the point of an entire agreement clause?
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 The amendments repealed the previous exemption for mining construction works, with the effect that a broad range of mining and...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...
Loading Results
Loading
Hubs
Featured
Recent Articles
01 November 2019
Myer: the first shareholder class action judgment in Australia
The first superior court judgment in a shareholder class action in Australia has been handed down by Justice Beach of the Federal Court of Australia in TPT Patrol Pty Ltd as trustee for Amies Superannuation Fund v Myer Holdings Ltd .
01 November 2019
Hong Kong SFC’s new electronic data requirements place MICs and cloud services in the spotlight
Yesterday, the Hong Kong Securities and Futures Commission ( SFC ) published a circular ( Circular ) on the use of electronic data storage providers ( EDSPs ) by licensed corporations ( LCs ).
29 October 2019
THE REAL ESTATE M&A AND PRIVATE EQUITY REVIEW - THE 4TH EDITION: RUSSIA CHAPTER
The article gives an overview of Russian real estate M&A and private equity market, highlights its recent trends and summarises legal framework with particular focus on Russian law vehicles analogous to extremely popular publicly traded real estate companies and real estate investment trusts (...
25 October 2019
The Shareholder Rights and Activism Review - Edition 4 - Australia
OVERVIEW The past 18 months have seen an intense, and growing, focus on corporate culture and accountability in Australia, which has in turn driven increasing activism at listed Australian companies, particularly in the financial services sector. As opposed to hedge fund activism focused on...
25 October 2019
Infrastructure initiatives in Southeast Asia: construction challenges and opportunities
Seoul Head of Disputes, Mike McClure , recently spoke at the 2019 Annual Conference of the International Bar Association in Seoul during a session on the initiatives that Asian countries have launched in order to build, finance and operate infrastructure in the region and in other parts of the...
24 October 2019
Five steps to calculate GDPR Fines: New model adopted by German Data Protection Authorities Conference
Aiming for uniformity of the systematic assessment of fines, the Conference of the German Data Protection Authorities (DSK) has published a new model for calculating fines under the EU General Data Protection Regulation (GDPR). The DSK now calculates fines by dividing group companies’ annual...
24 October 2019
The view from Brussels: The key questions raised by the new Brexit deal's Irish backstop replacement
The draft Withdrawal Agreement has finally been amended to replace the previous Protocol on Ireland/Northern Ireland with a new Protocol taking a rather different approach to securing the objective of avoiding a hard border between Northern Ireland and the Republic of Ireland. We will describe...
24 October 2019
ACT Renewable Energy Reverse Auction
Following on from the four reverse auctions held between 2012 to 2016, the ACT Government has announced a new renewable energy reverse auction (the Reverse Auction ) to “safeguard the delivery of sourcing 100% renewable electricity by 2020 from within the ACT or across the National Electricity...
23 October 2019
Managing Contractor Insolvency: A Legal and Practical Guide
One of the biggest risks faced by an employer in a construction project is the impact of the main contractor becoming insolvent, particularly in the current economic climate where it has become clear that main contractors are not regarded as being “too big to fail”. In this article, we discuss how...
