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New dawn for environmental regulation in the Northern Territory
Insight 02 Jun 2020

A new environmental protection regime in the Northern Territory will commence imminently. The Environment Protection Act 2019 and Environment Protection Regulations 2020 (NT) will commence on 28 June 2020. All operators and proponents should prepare for commencement of this new regime. In particular, proponents with projects currently being assessed under the Environmental Assessment Administrative Procedures 1984 should take advice regarding how their assessment will complete upon the commencement of the new regime. ...

New EU mandatory human rights and environmental due diligence regime
Insight 31 May 2020

The European Commission has announced it will introduce a legislative initiative in 2021 on mandatory human rights and environmental due diligence for certain companies. ...

Nucleus – corporate law developments: Regulators assess priorities and continue to respond in the wake of COVID-19; changes to Australia's continuous disclosure laws, FIRB regime and Fair Work Act; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed
Insight 09 Jun 2020

Regulators assess priorities and continue to respond in the wake of COVID-19; the Treasurer temporarily modifies the operation of Australia's continuous disclosure laws; ASIC broadens its position and issues further guidance; ASX holds course on the CHESS replacement system; comprehensive reform and further guidance on the temporary changes to the FIRB regime; the ACCC continues to allow market coordination; Takeovers Panel guidance on equity derivatives delayed; and more temporary amendments to Fair Work Act. ...

Officer without office: High Court rules persons can be company officers despite absence of official title
Insight 10 Jun 2020

The recent decision of the High Court of Australia in ASIC v King considers the meaning and scope of the term 'officer', as defined in s9 of the Corporations Act 2001 (Cth), and contains important if non-binding observations on how the term may catch bankers and other third parties. ...

New SIC Guidelines and contributions reporting requirements
Insight 01 Jun 2020

The NSW Government is seeking feedback on a new set of guidelines for special infrastructure contributions (SIC Guidelines) and some proposed amendments to the Environmental Planning and Assessment Regulation 2000 (EPA Regulations) which will require greater reporting on the receipt and expenditure of contributions under local contributions plans and planning agreements. ...

Vietnam insolvency guide for directors
Insight 11 Jun 2020

To help management, this Insight explores the insolvency and bankruptcy regulations in Vietnam, as well as the obligations and potential liabilities of management personnel of Vietnamese companies if their companies become financially distressed. ...

Product safety priorities — the ACCC's focus for 2020
Insight 30 Mar 2020

The Australian Competition and Consumer Commission is planning to prioritise five key product safety issues fitting broadly within the categories of the Takata airbag recall, safety risks for infants and children, and e-commerce. We report on what is planned for 2020. ...

Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
Insight 26 Mar 2020

In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...

Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Insight 26 Mar 2020

In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...

Contract law update 2019
Insight 26 Mar 2020

There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...

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