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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’.
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...
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20 December 2019
New electricity network investments – there has to be a better way
For many years, electricity generators and retail business attracted much more attention than networks. That is changing as a bow wave of new network investment is demanded by the transition of the power system from large, baseload thermal plant providing strong system stability support to widely...
20 December 2019
ASIC consults on draft regulatory guide for design and distribution obligations
ASIC has released Consultation Paper 325 Product design and distribution obligations ( CP 325 ), on its proposals for guidance on the design and distribution obligations in Pt 7.8A of the Corporations Act 2001 (Cth) ( DDO ).
19 December 2019
The View from Brussels: Brexit - next steps and options to reconcile haste with ambition
Brexit now seems inevitable on 31 January 2020 but that is only the beginning of the process of defining a new relationship between the UK and the EU. Serious negotiations on that relationship will only start thereafter, hopefully as soon as February. In this View from Brussels, we look at how this...
18 December 2019
Responsible lending: ASIC publishes significant new guidance aimed at helping credit providers apply the law in practice
Consumer credit providers in Australia have been eagerly awaiting ASIC’s updated regulatory guide on the responsible lending laws ( RG 209 ), which landed on 9 December 2019 and is another significant development in the understanding of these laws.
17 December 2019
Design and distribution obligations: regulations made
The Government has made the Corporations Amendment (Design and Distribution Obligations) Regulations 2019 ( Regulations ), relating to the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Act 2019 ( DDO ).
17 December 2019
Inside Tech Podcast
Advancements in technology, changing business models and the evolution of workforces, are transforming the global economy. Boards and business leaders need to prioritise digital transformation, cyber security and ethics, and embrace emerging technologies to remain competitive in the digital age. In...
11 December 2019
Big data is transforming investigations
Big data is rapidly changing the way in which regulators and law enforcement conduct an investigation and build a case. New technology reduces compliance costs, but also increases regulatory expectations of businesses' monitoring, detection and reporting capabilities. And, as technology evolves,...
11 December 2019
Real Estate. Reconsidered
The real estate sector has been at the centre of many of the most significant changes that are impacting the modern world. A decade ago the financial crisis shook our markets. However, the subsequent drive for diversification has led to an unprecedented period of cross-border investment and...
10 December 2019
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The proceedings will provide much needed guidance as to how the much-debated ‘effects test’ will apply to unilateral conduct. It is noteworthy that the two...
10 December 2019
Capital controls in the UK?
Since the US Dollar departed from the gold standard in 1971 much of the world has abandoned or substantially relaxed capital and exchange controls. International trade and investment has grown dramatically since that time and it is acknowledged that open markets stimulate trade. The UK has been...
