1211-1220 of 2879 results
Climate change and project approvals
Climate change impacts have for many years been accepted as a relevant consideration in the assessment of planning and environmental applications in Australia. Until recently, the focus of consent authorities has been primarily on the direct greenhouse gas (GHG) emissions of a project from owned and ...
In search of consistency: state schemes and policies
State and territory governments are increasingly willing to take action separate to the Federal Government to address climate change through state schemes, policies and, in some cases, legislation. This represents a change in approach at the state and territory level over the past decade, as climate ...
Increasing climate litigation and shareholder action expected
There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...
Voluntary schemes and soft law
The term 'soft law' refers to rules, principles or guidelines that are not themselves legally binding, but nonetheless play an important role in promoting compliance with certain standards of behaviour. Rules of 'soft law' can often act as a precursor to the emergence of 'hard law'. ...
The big picture: Australia's commitments under the Paris Agreement
In December 2015, the parties to the United Nations Framework Convention on Climate Change (the UNFCCC) adopted a landmark agreement to combat climate change and to take steps to shift their economies towards a sustainable, low carbon future (the Paris Agreement). ...
Arbitration agreements – don’t play chicken with imprecise drafting
The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...
State of trade: COVID-19's impacts on trade regulation and supply chain risks
The COVID-19 pandemic has impacted many aspects of international commerce, and will continue do so for some time. In this Insight, we discuss three critical trade-related impacts of the pandemic on Australian businesses. ...
Rokt unsuccessful in the Full Court
The Full Court in Rokt Pte Ltd v Commissioner of Patents [2018] FCA 1988 reversed the decision of the trial judge, finding for the Commissioner of Patents that Rokt's digital advertising systems and methods invention does not constitute patentable subject matter. The decision further clarifies the patentability of computer-implemented inventions at Australian law. ...
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. ...
Buyers and sellers beware! Expenditure deductions denied and gains taxed as income
Recent decisions handed down by both the High Court and Federal Court in relation to the 'income/capital distinction' and 'blackhole expenditure' have produced a mix of predictable and unexpected, but generally unfavourable, outcomes for taxpayers. Most buyers have been denied deductions for the pur ...