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A tale of two courts: are wind farm assets fixtures or chattels?
Wind farms and other renewable energy sponsors should be aware of two recent decisions of the Supreme Courts of Victoria and New South Wales, which have raised doubt over whether wind farm assets are chattels or fixtures. We briefly explore the key findings of each court and consider some broader repercussions of these decisions for the renewable energy industry. ...
Navigating the energy transition
Australia is rapidly transitioning away from a centralised, coal-based energy system to one that is more decentralised and focused on renewable energy. This transition is being accompanied by increasing scrutiny of the human rights performance of renewables projects, including new benchmarking and a greater number of complaints. It is critical to know what practical steps to take towards implementing and embedding a strong approach to human rights compliance. ...
Key energy focus areas
Australia's energy market is transforming. This transition is inspiring as we look to a greener energy future, but getting there will involve significant change in terms of regulation, the generation mix and the network infrastructure which underpins the system. ...
Australian and Dutch courts find climate-related duties of care in Sharma and Shell
Two groundbreaking climate change-related court decisions in Australia and the Netherlands have shed light on the scope for claims based on duties to individuals to affect the emissions trajectorie ...
Current, emerging and future issues in Agribusiness
The Australian Competition and Consumer Commission (ACCC) has become increasingly active in the agriculture industry through market inquiries, codes of conduct, enforcement action and a push for the introduction of a new prohibition on unfair trading practices. ...
Poster beware: employers read social media posts too
The Fair Work Commission (FWC) has decided the summary dismissal of Jasmine Besanko due to a social media post she made on Facebook regarding a competitor of her employer was unfair. ...
Recovering settlement amounts arising from misconduct of an employee and setting off against statutory entitlements
The Full Federal Court of Australia has decided that an employer could not only recover amounts paid to settle proceedings arising from the misconduct of a former CEO, but could also set off those amounts against the statutory entitlements that were owed to that individual upon their dismissal. ...
How should employers respond to psychological risk?
A recent decision of the County Court of Victoria highlights the complexities around management of psychological health and the scope of an employer's duty of care. ...
FWC upholds mandatory jab again
The Fair Work Commission (FWC) has handed down two further decisions upholding the dismissal of employees in the aged care industry after they refused to comply with mandatory influenza vaccination directions. ...
NSW takes a further step towards an industrial manslaughter offence
On 5 May 2021 the NSW Government introduced the Work Health and Safety Amendment (Industrial Manslaughter) Bill 2021 (the Bill), in a further step towards creating an industrial manslaughter offence in the state. ...