3851-3860 of 4478 results
High Court rules mining leases and native title can co-exist
The High Court ruled that certain mining leases in WA did not extinguish all native title rights, but rather the two rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. ...
Certainty to return to Aboriginal cultural heritage in Queensland
Project proponents and operators in Queensland can breathe a sigh of relief following the introduction of a Bill to restore certainty and validity to agreements for the management of Aboriginal cultural heritage in that state. ...
Climate change features again in latest coal mine refusal
Last week the NSW Independent Planning Commission (IPC) refused development consent for the Bylong Coal Project (Project). ...
Latest coal mine decision concludes scope 3 emissions are the end customer's responsibility
The Rix's Creek Continuation Project has been approved by the NSW Independent Planning Commission only weeks after the refusal of the Bylong Coal Project. In its approval of Rix's Creek, the Commission accepted that scope 3 emissions are the responsibility of the end customer for coal exports. This conclusion significantly departs from the position taken by the differently constituted Commission on Bylong. ...
Room for Improvement? Big Data challenges in Health
'Big data' is revolutionising approaches in all major industries, including the health sector, but Australia's current privacy framework lacks flexibility, and there is insufficient guidance to support compliance. Associate Nick Li looks at the challenges in improving patient care and research outco ...
A multi-million dollar question – aggregating claims in class actions
The New South Wales Court of Appeal has held in Bank of Queensland Limited v AIG Australia Limited1 that, under the terms of a civil liability insurance policy, each Class Member Registration For ...
Imitation is not always the sincerest form of flattery
In this issue we examine a patentees ability to enforce Swiss-style claims against makers of bioequivalent products following the Mylan Health decision ...
Ambush marketing: traders beware!
Everyone knows the famous adage that 'the enemy of my enemy is my friend'. But can the friend of my friend be my enemy? In the context of ambush marketing, the answer can be yes. ...
Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...
Fact sheet: What's mine is mine - protecting your million-dollar idea
At the core of many successful startups is a simple but brilliant idea ...