Articles

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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ACCC wants significant merger reform: what does this mean for your upcoming deal?

Still concerned about its recent losses in the Federal Court in TPG/Vodafone and Pacific National/Aurizon and in light of growing fears about the anti-competitive effects of acquisitions in highly...

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Inquiry into Australia’s oil and gas reserves

The Senate referred an inquiry into Australia’s oil and gas reserves to the Senate Economics References Committee on 19 September 2019. The reporting date for the inquiry has been extended to 2...

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The price to pay for excessive surcharging

It has been over 5 years since the excessive payment surcharge laws were introduced but the ACCC’s recent action against Nine Entertainment Co (Nine) demonstrates that the ACCC will continue to...

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The role of a Special Purpose Liquidator is not to investigate conduct of external administrators

Today, the Federal Court dismissed a novel application brought by a disgruntled shareholder and minor creditor seeking to have a Special Purpose Liquidator appointed to investigate the general...

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Treasury Laws Amendment (2021 Measures No. 1) Act 2021 – now in force

On 9 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 finally passed the Senate, with amendments.

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