Articles

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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The Language of Zero: COP26 glossary

With COP26 fast approaching (31 October 2021 – 12 November 2021), we have put together a quick guide to some of the key words and phrases in the language of climate change and related to the...

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ACCC makes final decision in LNG netback price series review

On 30 September 2021, the Australian Competition and Consumer Commission (ACCC) announced that it had finalised its review of the liquefied natural gas (LNG) netback price series for the east coast...

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Victoria’s newest property tax - Windfall Gains Tax

In May this year, the Victorian government announced it would be introducing a Windfall Gains Tax (WGT) in order to tax the value of gains made by landowners as a result of certain rezoning...

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Security of Critical Infrastructure Amendment Update

The Security Legislation Amendment (Critical Infrastructure) Bill 2020 (CI Bill) was introduced into parliament on 10 December 2020 to amend the Security of Critical Infrastructure Act 2018 (SOCIA)...

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Release of NSW’s hydrogen strategy

On 13 October 2021, the NSW Government launched the NSW hydrogen strategy, establishing the Electricity Infrastructure Roadmap for the development of the state’s hydrogen industry.

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State and Territory budget snap shot – key business announcements

Following last year’s federal and state government budget deferrals, 2021 has seen a return to a more “normal” timetable for the states and territories releasing their budgets, with most...

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Online harm: an expanding responsibility for online platforms

In line with recent global trends, online platforms have come under scrutiny by Australian regulators and legislators from numerous angles ranging from market-power and competition to consumer...

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October Australian Energy & Resources Market Update

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

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Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021 (SA) Summary

On 25 August 2021, the Petroleum and Geothermal Energy (Energy Resources) Amendment Bill 2021 (SA) (Bill) was introduced in the South Australian House of Assembly.

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A solution to the problem of multiplicity: consolidation of the Allianz class action proceedings

The plaintiffs in two competing class actions relating to car dealer “add-on” insurance have successfully applied to consolidate proceedings in the Supreme Court of Victoria as a solution to the...

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Package of reforms to overhaul gas pipeline regulation

A package of proposed reforms to the legislation regulating access to natural gas pipelines has been released for stakeholder feedback.

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Expanding the national gas regulatory framework to hydrogen and renewable blends

The development of the hydrogen industry in Australia has been identified as a key priority of the Commonwealth Government.

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ESG Considerations for Investment Funds in Australia – Disclosures

Earlier this year, Cathie Armour, a Commissioner of the Australian Securities and Investments Commission (ASIC), gave a speech on the rise of greenwashing and its potential threats.

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Landmark ruling against EPA will see change in climate change policy in NSW

On 26 August 2021, Chief Judge Preston of the Land and Environment Court of NSW handed down the decision in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority...

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Contracting out of class actions? Federal Court says no in an Australian first

‘Class action waiver’ clauses are clauses under which a party waives their right to participate in a class action. Sometimes found in consumer agreements (particularly in the United States) such...

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Guidance on group costs orders for Victorian class actions

The first determination of an application seeking a ‘group costs order’ (GCO) was unsuccessful for the plaintiffs in two flex commission class actions in the Supreme Court of Victoria.

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Can boards hide their sensitive side?

A sensitivity analysis can be a useful tool for assessing the likelihood of meeting earnings forecasts. But are public companies bound to disclose that analysis to the market? The Full Court of the...

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Arrium court finds significant non-current liabilities not sufficient to prove insolvency

In a substantial recent decision arising from the Arrium liquidation , the Supreme Court of New South Wales considered the materiality of significant future liabilities in assessing the company’s...

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Fundamental changes for offshore oil & gas

Who makes decisions about the development of Australia’s offshore oil & gas resources, and who pays to decommission end-of-life assets, have been high on the news agenda since the owner of the...

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High Court refuses taxpayer special leave to appeal R&D case

On 2 September 2021, the High Court of Australia refused Coal of Queensland Pty Ltd (COQ) leave to appeal the decision of the Full Federal Court in Coal of Queensland Pty Ltd v Innovation and...

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Liquidator vindicated by the Federal Court in the Babcock & Brown liquidation

A hotly anticipated decision in the ongoing saga of the Babcock & Brown liquidation was handed down last week, resulting in another win for the liquidator (represented by Johnson Winter & Slattery)...

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Stimulating biodiversity credit creation in NSW

Will the new approach to developer charges be the answer?

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The Voller Appeal: High Court confirms liability for third party Facebook comments

By majority, the High Court has dismissed appeals from the New South Wales Court of Appeal, upholding a finding that, in respect of defamation liability, the appellant media companies are...

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Treasury consults on Corporate Collective Investment Vehicles

On 27 August 2021, the Department of the Treasury of the Australian Government (Treasury) released a package of documents including exposure draft legislation and exposure draft explanatory...

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