2461-2470 of 2716 results
ACCC loses 'flushable wipes' appeal due to pleading and evidentiary issues
The decision in ACCC v Kimberly-Clark Australia identifies pleading and evidentiary issues in the ACCC's case, and provides useful guidance for companies about how courts will interpret product representations and what will be considered the relevant 'context' of representations made in marketing ...
Amendments to PNG Mining Act and Oil and Gas Act
The Parliament of PNG has passed a series of amendments targeting the mining, oil and gas industries. We examine the significance of these amendments and the likely next steps. ...
Major changes to Queensland petroleum royalties scheme
The Queensland Government has announced major reforms to its petroleum royalties regime which will come into force from 1 October 2020. This, and the royalty rates ultimately set, will have implications for the future returns on Queensland petroleum projects. Producers should also review any existing private arrangements that may have relied on the existing wellhead value approach to ensure any unanticipated consequences are resolved prior commencement of the new regime. ...
Accurate tenement expenditure recording under the Mining Act 1978 (WA): an update from the Warden's Court
Recent proceedings before the Warden's Court of Western Australia have reinforced a long line of decisions and the nature of a tenement holder's obligations in tenement reporting; affirming the requirements for detailed and accurate reporting on expenditure, and emphasising the importance of ensuring tenement holders are truthful when reporting expenditure. The decisions are a timely reminder of the importance of adequately resourcing the compiling, calculating and reporting expenditure functions (and the need to keep detailed records to substantiate that expenditure), as failure to do so can ultimately lead to forfeiture of tenements. ...
WA Court of Appeal determines meaning of 'feasibility study' in the context of a joint venture agreement
In the recent decision of Pilbara Iron Ore Pty Ltd v Ammon [2020] WASCA 92, the WA Court of Appeal considered a farm-in agreement where one party had to pay for a 'feasibility study' in order to acquire an interest in a mining tenement. The primary question for the Court of Appeal was whether the feasibility study had to be 'bankable' or if it could be of a lower standard. ...
Independent review recommends fundamental reform of the 'archaic, ineffective' EPBC Act
The Interim Report of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has recommended major reforms, finding the EPBC Act to be archaic, ineffective and inefficient. ...
Treasurer temporarily amends continuous disclosure laws during COVID-19 crisis
The Treasurer has used his emergency powers under the Corporations Act (the Act) to temporarily modify the operation of Australia's continuous disclosure laws. The Treasurer's release states that the changes are designed to enable listed companies to more confidently provide earnings guidance ...
What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...
Coverage of the Miscellaneous Award widened to cover some award-free employees
From 1 July 2020, the Miscellaneous Award will cover a wide range of low-skilled and trade-qualified employees who were previously award-free. ...
JobKeeper insights from the FWC
COVID-19 and the introduction of the JobKeeper scheme has had a critical impact on business. In a recent statement, the Fair Work Commission (FWC) shared valuable insights on the trends in disputes emerging in the early days of the scheme and how it will manage these cases moving forward. ...