On Friday 9 September 2022, the High Court rejected the Commissioner's application for special leave to appeal against the decision of the Full Federal Court in FCT v Shell. So ends the long journey that was the Commissioner's attempt to confine the meaning of 'exploration' to the mere discovery of a resource. ...

In this Insight, we focus in on the key regulatory enforcement and provider governance reforms to be implemented under the Royal Commission Response Bill and the implications for approved providers. ...

The risk for an organisation of being held liable for criminal activity is high on the agenda for directors, company officers and shareholders alike. Below is a handy overview of where it currently stands in Australia. ...

In New Aim Pty Ltd v Leung the Federal Court of Australia rejected an expert report and oral evidence from a purportedly independent expert witness, on the basis that the solicitors who retained the expert had written her report. The case is a timely reminder of best (and worst) practices in the engagement of independent expert witnesses and the importance of preserving an expert's independence. ...

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

Webinar: Legal professional privilege and the ATO: protecting your position ...

Class action risk is changing. While filings remain high, consumer claims now dominate and, for the first time in over a decade, the banking sector is not the biggest target.  ...

Over the past decade, there has been a significant increase in the pace and scale of regulatory investigations and enforcement activity, including a spate of high profile royal commissions and inquiries into potential wrongdoing by institutions, companies, and their directors and officers. ...

Webinar: Contract Law update ...

2022 will provide a practical demonstration of the appetite for ESG-led change that governments, major corporates and financial institutions all have, and how far this will feed into smaller businesses and everyday life. We explore key ESG themes shaping the legal outlook for businesses in 2022. ...