Insights

How long is a piece of string? The Mining Exception under the NSW SOPA explained

There is no question that a lot of work readily recognisable as "construction work" occurs in the mining sector; but where along this continuum does "construction work" in mining lose that identity...

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On second thoughts... Can a settlement offer be accepted even after it has been rejected?

The Federal Court of Australia has held that an offer to settle made pursuant to its Court rules may remain open, even after it has been expressly rejected or a counter-offer has been made. The...

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AAT finding reaffirms documentation is essential for R&D

A recent decision by the AAT reinforces that it is important for taxpayers to appropriately document a hypothesis prior to commencing research and development (R&D) activities.

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Funders may not have to provide security for costs in employee underpayment class actions

On 10 November 2020, the Full Court of the Federal Court of Australia overturned orders made by Justice Lee which required the litigation funder to provide security for costs in two class actions...

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Competition law issues arising from the acquisition of minority shareholdings

Lessons from Amazon’s proposed acquisition of a minority interest in Deliveroo and the acquisition by Qantas of a 19.9% interest in Alliance Airlines.

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Ground breaking climate change lawsuit settles on court house steps

Here's the wash-up: REST has settled an action brought by a fund member concerned that REST was failing to protect his retirement savings from the financial ravages of climate change.

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Queensland Government introduces further mine rehabilitation reforms

Recent amendments to the Environmental Protection Act 1994 (Qld) (EP Act) further reform the mine rehabilitation regime in Queensland.

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Federal government backing construction of the Hunter Valley Gas Power Plant

The Federal Government demands 1000MW of dispatchable capacity investment by April 2023, otherwise it will intervene and build a new gas-fired power station in NSW’s Hunter Valley.

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Proposals involving fracking require referral to the EPA for assessment

We examine recent amendments made to the Environmental Protection Regulations 1987 (WA) that require proposals involving fracking to be referred to the EPA for assessment.

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International Comparative Legal Guide - Sanctions 2021

Consultant, Robert Wyld and Associate, Lara Douvartzidis have written the Australian chapter on sanctions law.

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Federal Budget 2020 Insights

This year’s budget was always going to be shaped by the devastating impact on the Australian economy of recent natural disasters (bushfires, floods and drought) and the global COVID-19 pandemic...

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’Loans repayable 'on demand': Have you lost the right to recover?

The limitation period for recovering loans repayable ‘on demand’ is a matter often overlooked by creditors and insolvency practitioners.

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Restructuring reforms – will the proposed two tier system avert the zombie apocalypse?

The Treasurer has announced major proposed reforms to Australia’s insolvency framework aimed at facilitating the restructuring of small to medium businesses (MSMEs) and streamlining their...

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September Australian energy & resources market update

Our update covers mining, oil and gas, electricity and renewable energy.

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A single-touch approach to environmental approvals: First tranche of EPBC Act reforms introduced

This latest review commenced on 19 October 2019 and examines the operation of the EPBC Act and the extent to which its objectives have been achieved.

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Victorian SRO releases guidance on economic entitlements

Recently the Victorian State Revenue Office released guidance on its website on its interpretation of the economic entitlement provisions contained in the Duties Act 2000 (Vic).

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Funding boost for Victorian clean energy projects

The Victorian Government announced plans to test interest and capacity for a minimum of 600 megawatts of new solar, wind and other renewable generation projects state wide, in a bid to drive the...

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Private Equity 2020: Virtual Roundtable

Partner Divesh Patel was one of seven international private equity experts that participated in a roundtable discussion on recent trends in the sector.

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ACCC releases Gas Market Inquiry 2017 – 2025 Interim Report

A summary of the key findings and recommendations drawn from the Gas Market Inquiry 2017 – 2025 Interim Report released on 17 August 2020 (Report).

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Extension of temporary COVID-19 relief from insolvent trading liability and statutory demands

The operation of temporary COVID-19 relief measures for businesses in the hope of aiding distressed companies and preventing further economic breakdown will be extended until 31 December 2020.

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Regional hospital wards off misuse of market power claim

Ramsay Health Care Australia Pty Limited successfully defended Federal Court proceedings brought by the Australian Competition and Consumer Commission for misuse of market power (under the old...

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Commonwealth Government introduces a Bill to establish the Grid Reliability Fund

If enacted, the Bill will establish the Grid Reliability Fund (Fund) under the Clean Energy Finance Corporation Act 2012 (Cth) (Act) and appropriate $1 billion to the Fund.

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2020 Australian investment funds landscape

As part of our most recent Australian Foreign Investment Update, our investment funds specialists highlight the recent, main regulatory developments that are likely to be of interest to offshore...

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Modern slavery reporting in Australia: COVID-19 and other updates

Deadlines to lodge your Modern Slavery Statement(s) have now shifted to account for the disruption and complications caused by COVID-19.

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