21-30 of 90 results
WA Government passes Security of Payment reforms
The statutory right to receive payment claimed and the rapid adjudication process, amongst other changes introduced by the Building and Construction (Security of Payment) Act 2021 (WA) (Act), will govern construction contracts entered into after commencement of the Act. ...
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 ...
EU carbon tariffs on the horizon – what Australian trading businesses need to know
The European Union's Parliament has adopted a resolution supporting the introduction of a Carbon Border Adjustment Mechanism (CBAM) to tax carbon emissions embedded in foreign imports entering the EU. The EP has resolved to implement by 2023 a regime that is compliant with World Trade Organization (WTO) rules. ...
Immediate reforms recommended by Final EPBC Act Review Report
The Final Report of the of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has identified new, legally enforceable National Environmental Standards, independent oversight and enforcement, and indigenous engagement as key actions ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
How can Australian businesses mitigate sovereign risk associated with unofficial trade measures?
In light of recent tensions, we assess the importance of Australian trading businesses understanding their sovereign risk and the avenues available under international trade law to mitigate that risk. ...
Major NSW mining lease rehabilitation reforms for all mines
All new and existing all new and existing mining leases in NSW will be regulated by new standard rehabilitation conditions under proposed reforms by the NSW Resources Regulator (Mining Amendment (Standard Conditions of Mining Leases - Rehabilitation) Regulation 2020). ...
Mine rehabilitation and closure
Rehabilitation standards and mine closure practices have been the focus of recent reforms in a number of Australian states and remain high on the reform agenda. To help understand these changes, we've prepared a comprehensive guide. ...
Forging ahead – legal update on the WA mining and construction sectors
Mining has long been a cornerstone of the Australian economy. In the wake of COVID-19, the industry has remained largely resilient, particularly in Western Australia where mining operations have ...
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. ...