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A range of legal issues from April to June 2017 relevant to corporate counsel and senior executives, written by our senior practitioners.
Enforcing royalty payments while in dispute – Part II
The recent Western Australian Supreme Court of Appeal case of Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 2]  WASCA 76 is another decision in the long running litigation between Clive Palmer’s Mineralogy Pty Ltd (Mineralogy) and CITIC Ltd (CITIC).
This article follows on from our previous piece entitled “Enforcing royalty payments while in dispute”, in which we considered the findings of the Western Australian Court of Appeal in Sino Iron Pty Ltd v Mineralogy Pty Ltd  WASCA 105.
Changes to subpoenas in WA
On 7 June 2017, amendments introduced by the Supreme Court Amendment (Subpoenas) Rules 2017 (WA) came into force (Amendments). The Amendments have resulted in a reorganisation of the subpoena regime under the Rules of the Supreme Court 1971 (WA) (Rules), which clarifies and simplifies aspects of the process. Corresponding changes have also been made to the Supreme Court of Western Australia’s Consolidated Practice Directions (Practice Directions).
Calls on bank guarantees and enforcement of arbitration agreements
A recent decision of the Supreme Court of Western Australia has applied the important legal principles regarding calls on performance security and enforcement of arbitration clauses under construction contracts.
Federal Court approves class action settlement despite funder’s “exorbitant” commission rate
Justice Wigney in the Federal Court has added to a recent line of judgments concerning class action settlement approvals. Although the decision, HFPS Pty Limited (Trustee) v Tamaya Resources Limited (In Liq) (No 3)  FCA 650, does not develop the law to the extent of the 2016 decisions of Money Max (as to common fund orders) and Newcrest (as to reduction of funders’ commissions), there are still a number of points of interest.
Australian Energy Regulator v Australian Competition Tribunal (Ausgrid decisions)
On 24 May 2017, the Full Federal Court handed down its decisions regarding the NSW/ACT electricity price determinations for 2016-2019 and the Jemena Gas Networks (NSW) access arrangement decision for 2015-2020. The AER had sought judicial review of the Australian Competition Tribunal’s February 2016 decisions in favour of the networks on the following issues...
On 17 May 2019, the Federal Court approved the scheme of arrangement between Angas and its Debenture Holders.
Partner Samantha Daly has been named a finalist for the Exceptional Woman in Mining category of the Women in Mining Awards 2019.
The recent sale of Black Oak Minerals Limited (Black Oak) to Ramelius Resources Limited (ASX: RMS) (Ramelius) shows that section 444GA of the Corporations Act 2001 (Cth) (the Act) can be used to...