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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. ...

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. ...

Consultation begins on the CDR energy rules framework
Insight 11 Aug 2020

An overview of the ACCC's approach to the CDR Rules and CDR data sets for the energy sector, and matters which may require energy-specific rules. This article provides and highlights the key issues which have been left open for further consideration. ...

Federal Court finds FWC can resolve Qantas stand down dispute
Insight 18 Aug 2020

The Federal Court has confirmed that the Fair Work Commission has jurisdiction to hear a dispute about the legality of stand downs Qantas and Jetstar initiated under their enterprise agreements, and has shed light on the dispute resolution clauses in those EAs. ...

Managing workers' safety concerns in the era of COVID-19
Insight 18 Aug 2020

Employers must take all steps reasonably practicable to eliminate or minimise the risk of COVID-19 exposure and provide a safe work environment. Employees can refuse to work if there is an immediate threat to their health and safety. ...

Obligation to notify WorkSafe Victoria of confirmed COVID-19 diagnosis
Insight 18 Aug 2020

From 28 July 2020, employers in Victoria are required to notify WorkSafe of any confirmed diagnosis of COVID-19 in the workplace. ...

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