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After the Inquiry: what's next for litigation funders and the class actions industry in Australia?
We identify the key themes arising from the Inquiry and outline the practical implications of the recently introduced legislation regarding the regulation of litigation funders and the introduction of contingency fees in VIC. ...
High Court finds for employer on leave accruals
The High Court has found that the Fair Work Act entitlement to 10 days' paid personal/carer's leave accrues in hours (not days) based on employee's ordinary hours of work. Employers should review their payroll rules to ensure paid personal/carer's leave is being correctly accrued, paid and deducted. ...
Forging ahead – legal update on the WA mining and construction sectors
Mining has long been a cornerstone of the Australian economy. In the wake of COVID-19, the industry has remained largely resilient, particularly in Western Australia where mining operations have ...
WA Court of Appeal determines meaning of 'feasibility study' in the context of a joint venture agreement
In the recent decision of Pilbara Iron Ore Pty Ltd v Ammon [2020] WASCA 92, the WA Court of Appeal considered a farm-in agreement where one party had to pay for a 'feasibility study' in order to acquire an interest in a mining tenement. The primary question for the Court of Appeal was whether the feasibility study had to be 'bankable' or if it could be of a lower standard. ...
The spectre of Forrest: haunting the mining sector post-COVID-19
In Forrest & Forrest Pty Ltd v Wilson (2017) 262 CLR 510 (Forrest), the High Court held that where a statute providing for the disposition of interests in the resources of a State 'prescribes a mode of exercise of the statutory power', that mode must be strictly followed. A grant will be ineffective if the regime is not complied with. ...
WA mining sector post-COVID-19: from collaboration to cooperation
The Australian Competition and Consumer Commission (ACCC) has granted interim authorisations in the mining sector that have been targeted at loosening communication and coordination restrictions and to allow companies to work together to ensure the security of supplies and services critical to the mining sector during COVID-19 ...
Land access in WA: tenure options available to mining companies
In Australia, mining companies are granted an authority, lease, licence or permit by the state or territory government under the relevant Mining Act to explore or develop mineral resources. ...
EPA WA developments: 10 key things you need to know about proposed changes to the Environmental Protection Act 1986 (WA)
On 16 April 2020, the Environmental Protection Amendment Bill 2020 (WA) was introduced into Parliament. Although described in its second reading as the most significant reform of the Environmental Protection Act 1986 (WA) (EP Act) since its inception, the changes proposed in the Bill reflect a fairly modest reform agenda targeting improvements to the existing legislative framework. ...
Major proposed changes to FIRB regime from 1 January 2021: release of exposure draft of amending legislation – national security test
On 31 July 2020 the Federal Government released exposure drafts of legislation to amend Australia's foreign investment laws to include a new national security test and make various other changes. This insight examines the new national security test, with the other changes to be covered in follow on ...
WA EPA greenhouse gas emissions guideline finalised
The Western Australian Environmental Protection Authority (EPA) has released its finalised Greenhouse Gas Emissions Environmental Factor Guideline (GHG Guideline). ...