Articles

Commercial crime update: July 2020

Despite the COVID-19 conditions that exist around the world, activities in the commercial crime space continue along.

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JWS trusted with Peabody’s sale of Broadmeadow East Coal Project

Peabody and Bowen Coking Coal have executed a binding agreement for the sale of the Broadmeadow East Coal Project, an undeveloped coking coal project located within ML 70257 near Moranbah, Queensland.

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July Australian energy & resources market update

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

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Recent hydrogen policy developments: “Energising” Australia’s position in the Hydrogen Economy

In recent months Commonwealth and State Governments have announced a number of funding and policy developments dedicated to “energising” Australia’s position in the global hydrogen economy.

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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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Release of new petroleum exploration tenements for competitive tender

The Queensland Government has released five new areas of land totalling 1,459km2 in Queensland’s Bowen and Surat basins for petroleum and gas exploration.

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The NSW Government provides clarity on its position on the future of coal exploration and mining

The NSW Government published a ‘Strategic Statement on Coal Exploration and Mining in NSW’ (Statement) which provides much needed clarity for the coal industry and the community in relation to the...

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Investors give bright spark to first Renewable Energy Zones in NSW

The NSW Government has received a highly positive response from investors following the plans to release the first renewable energy zone in New South Wales.

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On-shore Conventional Gas Moratorium Lifted

INCOMING CHANGES TO VICTORIAN GAS REGULATION: ON-SHORE CONVENTIONAL GAS MORATORIUM LIFTED, BUT BAN ON FRACKING TO BE ENSHRINED INTO CONSTITUTION.

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Court directs whether work-in-progress and other intangible ‘assets’ are ‘circulating assets’

The Supreme Court of New South Wales has helpfully given guidance to the liquidators of the RCR Tomlinson Group on a number of unsettled questions that have challenged insolvency practitioners...

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How Australian Consumer Law applies to call centres and complaints divisions

Do your call centres and complaints divisions know what they can and cannot say under the Australian Consumer Law?

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New Wage Theft Bill Passed by Victorian Parliament

With much recent debate at the Federal and State level about criminalising employee underpayments, on 16 June 2020, the Victorian Parliament passed the Wage Theft Bill 2020.

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COVID-19 and adjournment applications: balancing due process with flexibility and customisation

Recent decisions show that the courts will go to significant lengths to adapt procedures to continue with trial and appellate hearings despite COVID-19 related disruptions.

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Onshore gas exploration and production to resume in Victoria

The Victorian Government has introduced legislation to the end of the moratorium on onshore conventional gas exploration and production in Victoria from 1 July 2021.

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New change-of-control rules for Queensland resource tenements

The Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (MEROLA) will introduce new rules applying to the transfer of resource tenements and the change of control of a...

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Australian energy and resources market update

Highlights from recently announced deals, recently completed deals and market rumours and opportunities in the Australian mining, oil and gas and electricity and renewables sectors.

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New disqualification process for applicants for, and transferees of, Queensland resource tenements

Amendments to the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) (MERCP Act) will introduce a new disqualification process for applicants for new resource tenements, and...

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The convergence of human rights law and environmental and climate change litigation in Australia

In the past 18 months the Australian legal landscape has seen novel challenges to planning decisions in the area of greenhouse gas impacts of projects and the resulting impact on climate change...

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A shake up of planning and development laws in New South Wales

The COVID-19 pandemic has spurred a considerable amount of recent activity by Planning Ministers all over Australia. This article provides an overview of these recent activities as well as an...

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Industrial manslaughter introduced in Queensland resource sector

Amendments to safely legislation in the Queensland resource sector introduce the new criminal offence of industrial manslaughter. In addition, the Coal Mining Safety and Health Act 1999 (Qld) will...

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Your corporate Facebook page: liability for third-party comments confirmed

On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings, the Court of Appeal has upheld the finding that media companies were...

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Does a non-compliant supporting statement invalidate a payment claim served in NSW?

The Court of Appeal has now in TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 clarified that a non-compliant supporting statement by a head contractor under s13(7) of the...

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Go ahead for electronic signing of documents

In the biggest shake-up of Australia’s antiquated company signing requirements, the Federal Government has temporarily modified the Corporations Act 2001 (Cth) to allow for companies to...

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Gunns liquidators prevail on peak indebtedness, set-off and the Court’s discretion

This week, the Federal Court published judgments in three unfair preference claims brought by the liquidators of the Gunns Group. We acted for the liquidators in each proceeding.

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Issues in private M&A resulting from COVID-19

This piece is designed to prompt thoughts of what changes may be required in private M&A documents in order to accommodate and allocate risks relating to COVID-19 and the fallout from this pandemic.

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