Insights

FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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Dramatic rise in Land and Environment Court penalties

JWS recently conducted an analysis of Class 5 proceedings determined by the Land and Environment Court (LEC) in the last five years.

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Australia's FIRB regime: the impact on transactions in energy & resources sectors

Any potential foreign investor must consider the implications of the Foreign Investment Review Board (FIRB) regime, as it may relate to any proposed transaction involving companies in the mining...

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The future of the Murray Darling Basin Plan…. Will it survive?

A Royal Commission will shed some light on how the Muyrray-Darling Basin Plan can be improved, but all states and territories need to implement the plan for it to be effective.

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Acumen December 2017

noun – quickness of perception; keen insight. A range of legal issues relevant to corporate counsel and senior executives, written by our senior practitioners.

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New incentives for mineral exploration: Treasury Laws Amendment (Junior Minerals Exploration Incenti

It is anticipated that a number of changes to the EDI scheme will encourage Mineral Explorers to engage in new capital raisings for the purpose of undertaking mineral exploration.

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Water compliance and enforcement – a new Natural Resources Access Regulator in NSW

With the introduction of the new Regulator, we can expect an increased focus on compliance with water laws in NSW.

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Consequential Loss: do you know what you are excluding?

One of the most important mechanisms in a contract for allocating risk is the ability to exclude “indirect” and “consequential” loss using exclusion clauses. It is typically on a party’s list of...

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Recourse to bank guarantees Pt II

The various decisions handed down in this litigation (from Courts of all levels) confirm the conventional position in Australia in relation to unconditional guarantees.

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Australian Energy Regulator v Australian Competition Tribunal (Ausgrid decisions)

A decision by the Full Federal Court supports the Australian Competition Tribunal’s February 2016 findings: that there may be a different benchmark efficient entity for each service provider, and...

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Approvals for CSG water treatment facilities in NSW

On 14 March 2017, the Court of Appeal of the Supreme Court of NSW gave its decision in People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd [2017] NSWCA 46 (Case). The Case considered...

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Linc Energy (In Liq): Liquidators obliged to prioritise State environmental laws despite disclaimer

The decision of Jackson J has wide-ranging consequences for the insolvency industry, as the outcome effectively relegates (at least in QLD) liquidator remuneration, employee entitlements and all...

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New rules for the apportionment of petroleum recovered from pools straddling Commonwealth and State

Recent amendments to legislation aim to improve functionality regarding entering into petroleum agreements, even if relevant geological information is not fully known.

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East Coast Gas Market Reform Package

COAG Energy Council's Gas Market Reform Package adopts many of the recommendations for east coast gas market reform made by the AEMC and the ACCC earlier this year.

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New Environmental Protection Bill to go beyond Queensland Nickel Refinery

A new Queensland Bill will significantly extend liability for environmental damage beyond just Clive Palmer’s facilities.

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Resource management regulations to strengthen WA’s petroleum & geothermal resource regulatory regime

Two new pieces of legislation are expected to commence operation later this year, and are hoped to improve the oil & gas industry.

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East coast Australian gas market reviews

Are east coast gas markets fit for purpose? Are they competitive? A closer look at the case for change.

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Interesting outcomes from the WAGN tribunal decision

The Australian Competition Tribunal recently published its decision in respect of WA Gas Networks Pty Ltd’s (ATCO) review of the ERA’s revised access arrangement for the mid‑west and south‑west gas...

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Australia's carbon pricing mechanism

The Australian Government's Climate Change Plan will offer assistance for businesses including free allocation of permits to emissions-intensive, trade-exposed industries.

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Overview of the Short Term Trading Market (STTM)

Entities taking part in the STTM should consider whether their exposure to the gas price justifies entry into derivatives and if so whether they will need to obtain an Australian Financial Services...

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