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In Touch: ACCC's first enforcement action for an alleged breach of the Electricity Retail Code; Federal Court explores the meaning of 'prepayment'; and other developments
Insight 17 Aug 2020

The ACCC pursues Sumo Power over its electricity plans; interim report on Murray–Darling Water Markets Inquiry; 'prepayment' examined by Federal Court in ACCC v TPG; Locality Planning Energy fined for alleged breach of the Electricity Retail Code; and proceedings against Decathlon over sale of allegedly unsafe sporting goods. ...

Forging ahead – legal update on the WA mining and construction sectors
Insight 13 Aug 2020

Mining has long been a cornerstone of the Australian economy. In the wake of COVID-19, the industry has remained largely resilient, particularly in Western Australia where mining operations have remai ...

A decade of State Agreements in Western Australia: trends and predictions
Insight 13 Aug 2020

State Agreements have been described in Parliament as 'the cornerstone of [Western Australia's] resources sector, particularly the large sector'. Members of the WA Government in the past have asserted that Western Australia would not have projects like the extensive iron ore operations in the Pilbara, North West Shelf, Gorgon, Wheatstone and the DBNGP without State Agreements. ...

WA EPA greenhouse gas emissions guideline finalised
Insight 13 Aug 2020

The Western Australian Environmental Protection Authority (EPA) has released its finalised Greenhouse Gas Emissions Environmental Factor Guideline (GHG Guideline). ...

Land access in WA: tenure options available to mining companies
Insight 13 Aug 2020

In Australia, mining companies are granted an authority, lease, licence or permit by the state or territory government under the relevant Mining Act to explore or develop mineral resources. ...

The spectre of Forrest: haunting the mining sector post-COVID-19
Insight 13 Aug 2020

In Forrest & Forrest Pty Ltd v Wilson (2017) 262 CLR 510 (Forrest), the High Court held that where a statute providing for the disposition of interests in the resources of a State 'prescribes a mode of exercise of the statutory power', that mode must be strictly followed. A grant will be ineffective if the regime is not complied with. ...

A growing tide? Climate change class action proceedings issued against the Federal Treasury
Insight 12 Aug 2020

Australia is becoming front and centre as a forum for activist climate change litigation against corporates, financial institutions and government. We assess the significance of these proceedings and outline the key questions your organisation and its Board should be asking. ...

After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
Insight 14 Aug 2020

We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...

EPA WA developments: 10 key things you need to know about proposed changes to the Environmental Protection Act 1986 (WA)
Insight 13 Aug 2020

On 16 April 2020, the Environmental Protection Amendment Bill 2020 (WA) was introduced into Parliament. Although described in its second reading as the most significant reform of the Environmental Protection Act 1986 (WA) (EP Act) since its inception, the changes proposed in the Bill reflect a fairly modest reform agenda targeting improvements to the existing legislative framework. ...

State infrastructure post-COVID-19: what are WA's changing infrastructure needs?
Insight 13 Aug 2020

IWA was established in July 2019. It is tasked with preparing a 20-year strategy, refreshed every five years. The strategy will address social, economic and environmental infrastructure sectors (and cross-sector issues). ...

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