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 The amendments repealed the previous exemption for mining construction works, with the effect that a broad range of mining and...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...
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...
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 ).
07 May 2019
Middle East - New Guidelines released to update and expand the Tawazun Economic Program - May 2019
The Tawazun Economic Council (" TEC "), founded in 1992 and originally mandated to be a prime enabler for the Defense and Security sector in the UAE, albeit with a strong focus on economic development, established the offset program known as Tawazun Economic Program (" TEP "). Off the back of its...
06 May 2019
The Australian Domestic Gas Market - A Tale of Two Coasts
The Australian Energy Market Operator’s ( AEMO ) December 2018 Western Australian Gas Statement of Opportunities and the March 2019 Gas Statement of Opportunities for Eastern and South-Eastern Australia provides a stark comparison between either side of the country. While it might be easy to point...
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.
01 May 2019
Australian Foreign Investment Review 2019
In this edition of the Australian Foreign Investment Review , we focus on the key takeaways from FIRB’s 2017-18 Annual Report, new legislation relating to foreign investment, highlight some key issues for investors looking at data intensive sectors and the financial services sector and look forward...
30 April 2019
Clearer guidance on the way: The Takeovers Panel seeks submissions on Equity Derivatives Guidance Note
The Takeovers Panel has recently released a consultation paper on a draft revised Guidance Note on equity derivatives ( GN 20 ), which proposes a number of important changes to the public disclosure of equity derivative positions. Significantly, the changes are of general application and will apply...
30 April 2019
Review of takeover defence tactics
Annually we review unsolicited approaches and hostile takeover bids to identify emerging trends and tactics for both target Boards and bidders. The findings of the 2018 analysis are set out in this article, and come against a backdrop of an increase in unsolicited bids for large value targets, such...