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21 May 2019
A new Aboriginal heritage system for WA
In March 2019, the Minister for Aboriginal Affairs released a discussion paper outlining proposals for reforming the Aboriginal Heritage Act 1972 (WA) ( Discussion Paper ). The 31 May 2019 date for lodging a submission in response to the Discussion Paper is fast approaching. Any person with land or...
16 May 2019
A mega boost for the mega projects of the future
At a business breakfast in Perth on Wednesday 15 May, Bill Shorten announced an important policy the ALP will pursue if it achieves Government after this weekend’s election. The initiative will enable greenfield enterprise agreements to be struck for a period which covers the whole of the...
09 May 2019
“All is fair in love and war” – but what about in industrial relations?
It was once said (and many times repeated) that “[t]he adage ‘‘all is fair in love and war’’ is… as much applicable to industrial warfare as to any other type.” In other words, industrial relations is (or at least has traditionally been) a battle ground where parties have been largely free to...
08 May 2019
Industrial Relations Law Reform Agenda
Having difficulty cutting across the campaigning to focus on the actual policies of each party? Herbert Smith Freehills have prepared and continually updated a broad summary of the proposed industrial relations reforms publicly announced by the Liberal Party and the Australian Labor Party ( ALP ).
03 May 2019
After the Election: changes to safety right of entry?
The paucity of detail on the ALP’s law reform agenda in respect of right of entry could mean one of two things. No significant reform is planned, or details of proposed reforms will not be released until after the election. We expect the latter is more likely.
24 April 2019
What the ALP’s agenda may mean for WA’s mining sector
After a number of years in the doldrums, 2018 saw the WA mining and resources sector turn a corner. A number of significant projects were commenced or announced and there is a palpable buzz in the air (although there is an almost universally acknowledged but unspoken agreement that no-one will use...
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’.
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31 March 2020
COVID-19 PEOPLE: Latest developments in employment law (Madrid)
On 28 March, Spain’s Official State Journal (Boletín Oficial del Estado) published Royal Decree-law 9/2020, of 27 March, which adopts a series of supplementary measures in employment matters to mitigate the impact of COVID-19 (“ RDL 9/2020 ”). Royal Decree-law 10/2020, which regulates recoverable...
31 March 2020
COVID-19: Initial responses of certain African countries (Africa)
The COVID-19 pandemic has begun to creep across Africa over the past month and is now rapidly gaining speed in some countries. There has been concern that numerous African jurisdictions with their semi-porous borders will, much like European countries, not be capable of slowing the velocity with...
31 March 2020
COVID-19 People: Update for employers (Europe)
This briefing note provides our clients with a practical guide to some of the immediate key issues facing employers across Europe in the context of the current health crisis and details of the financial and support measures available. Our teams are monitoring the legal developments and will be...
31 March 2020
COVID-19 PRESSURE POINTS: IS A TEMPORARY SUSPENSION OF BUSINESS DUE TO COVID-19 AN EVENT OF DEFAULT? (GLOBAL)
In secured lending transactions, it is common to include a trigger whereby an event of default will occur if a borrower “suspends or ceases to carry on (or threatens to suspend or cease to carry on) all or a material part of its business”. This is consistent with the Loan Market Association (LMA)...
31 March 2020
COVID-19 Pressure Points: Dealing with disruption in the consumer sector – views from China (Global)
China is ahead of other countries in reacting to COVID-19’s impact on the consumer sector. By sharing what we are seeing and experiencing in China, we hope our observations and insights may help industry players around the world deal with the disruption caused by the current challenging situation.
31 March 2020
COVID-19 Global: Webinar series
The COVID-19 pandemic is creating significant health, social and economic challenges world-wide, forcing governments and businesses to critically assess the impact to their people, operations and governance. We understand that navigating the pace of change, whilst also dealing with immediate issues...
31 March 2020
COVID-19 People: Data Privacy issues (Global)
In these unprecedented times, COVID-19 has forced organisations to quickly put in to place measures with the aim of ensuring both business continuity and the protection of employees. In many instances, this has involved increased processing of health data, in ways that were not envisaged a short...
30 March 2020
COVID-19 Pressure Points: NSW Emergency Measures – Commercial Landlord Briefing (Australia)
On 29 March the National Cabinet agreed the principles that will underpin relief for commercial tenancies in response to the COVID-19 Pandemic. This comes after the passing by the NSW legislative Council and Legislative Assembly of the COVID-19 Legislative Amendment (Emergency Measures) Act 2020 (...
30 March 2020
COVID-19 Governance: Update for funds managers (Australia)
In this update we cover key Australian developments for funds managers in light of the COVID-19 pandemic – in particular, updates from the Council of Financial Regulators, new ministerial powers regarding the Corporations Act, and ASIC’s measures in response to COVID-19.
30 March 2020
COVID-19 Pressure Points: Modification of the rules governing certain foreign investments in Spain (Madrid)
The Spanish Government has recently approved a set of provisions to tackle the crisis caused by the COVID-19 outbreak, which adopt a number of different measures with varying impact on different business sectors. Of those measures, the modification and partial suspension of the framework of...
