Insights

Western Australia’s new class action regime commences

On 24 March 2023, the Civil Procedure (Representative Proceedings) Act 2022 (WA Act) commenced. The WA Act introduces an updated and more cohesive mechanism for bringing class actions in WA.

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Forrest & Forrest revisited: Strict compliance requirement reinforced

The Western Australian Court of Appeal has followed the High Court’s strict approach reiterating that mining companies cannot “cure” non-compliant applications for mining leases after the fact...

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Aboriginal Heritage Act Reform

The blasting at Juukan Gorge, which has received considerable media coverage during the past month, has again brought to the fore what some regard as apparent issues with the Aboriginal Heritage...

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Guaranteeing payment under an unconditional bank guarantee: Santos v BNP Paribas

The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...

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Consequential loss revisited: Regional Power v Pacific Hydro Group [2013] WASC 356

In the October 2013 issue of Acumen, we gave an overview of the divergence in approach of courts in England, Australia and New Zealand in the interpretation of ...consequential... or ...indirect......

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