The ‘Lender series’ publications are a series of easy to read and practical âhow toâ guides aimed at assisting lenders with typical issues encountered when providing finance. Mezzanine lenders On some transactions, mezzanine lenders play a crucial role to bridge the funding gap between equity and senior debt. Immediately post GFC, senior lenders became less …
Continue reading “What a mezzanine lender wants in an intercreditor deed”
[vc_row][vc_column][vc_column_text] What is so exciting about hydrogen? Hydrogen is the simplest (one proton, one electron, no neutrons) and most abundant element in the Universe. Hydrogen though, has had a bad rap over the years â think the Hindenburg airship disaster in 1937 and hydrogen bomb testing in the 1950s. Now hydrogen is being viewed in …
Continue reading “Australia’s Hydrogen Economy – Hype or Hope?”
WHO SHOULD READ THIS Company directors, executive officers and in-house counsel. THINGS YOU NEED TO KNOW Deeds of Access, Insurance and Indemnity are an important element of protection for directors and officers against personal liability; The company constitution and an indemnity can provide a high level of protection against personal liability; and A policy of …
The impetus for change In response to the recent horrific Christchurch attack, where Facebooksâ live-streaming service was used to broadcast shootings in real time, Australiaâs parliament has passed a controversial law designed to prevent the âweaponisationâ of social media platforms. The Australian Government says that this is a world-first attempt to force social media platforms …
WHO SHOULD READ THIS CEOs, CFOs and project managers of Queensland mining operations THINGS YOU NEED TO KNOW As outlined in our most recent Focus Article the newly enacted Mineral and Energy Resources (Financial Provisioning) Act 2018 (Qld) (Act) has changed the face of financing environmental remediation liabilities for mining and resource projects in Queensland; …
WHO SHOULD READ THIS Company directors and executive officers, in house counsel. THINGS YOU NEED TO KNOW To trigger an entitlement to cover under a D&O policy, directors and officers should notify both claims and circumstances that may later lead to a claim; and Changing insurers may compromise the benefits of having continuous cover if …
Continue reading “Claims and Circumstances â Notify early and Notify often”
WHO SHOULD READ THIS Company directors and executive officers, in-house counsel. THINGS YOU NEED TO KNOW In some market segments, particularly for listed companies, significant premium and retention increases can be expected. WHAT YOU NEED TO DO Review your D&O insurance policy annually prior to renewal; and Check the key aspects of the policy including …
Continue reading “Am I Covered? What to Look for in your D&O Insurance Policy.”
WHO SHOULD READ THIS Anyone involved in contract negotiations and procurement THINGS YOU NEED TO KNOW A named insured is entitled to make a claim under a policy but a party whose interests are ânotedâ probably will not. Insurance policies contain extended definitions of who is insured which can be triggered by the terms of …
Continue reading “Insurance Clauses Part 2 – What’s In a Name?”
WHO SHOULD READ THIS Anyone involved in contract negotiations and procurement THINGS YOU NEED TO KNOW Insurance clauses can offer an alternative way to allocate and fund contractual risk. Allocation of risk in this way can lead to more efficient and cost effective project insurance programs. Successful risk allocation using this strategy requires careful analysis …
Continue reading “Insurance Clauses Part 1 â Another Way to Manage Risk?”
Indemnity clauses are a common feature of many different commercial contracts but their operation and utility can often be misunderstood or unclear. In this focus article, we look at how to recognise some of the common types of indemnity clauses and points to consider when employing such clauses in contracts. What are they and what …
Continue reading “Indemnity Clauses – Be Careful What You Wish For”
The era of electric vehicles (EVs) and other battery-powered technology has also ushered in the age of ânew energy mineralsâ. The International Energy Agencyâs 2018 World Energy Outlook, in its core scenario, suggests that one-in-five cars sold in the world will be electric by 2040 (but in China it could be and one-inâthree cars). This …
Continue reading “Expanding opportunities for âNew Energy Mineralsâ in Australia”
WHO SHOULD READ THIS Foreign investors who hold water entitlements or contractual water rights in Australia. THINGS YOU NEED TO KNOW Foreign persons with holdings in registrable water entitlements or contractual water rights are required to notify the ATO about any changes in these interests on an annual basis and within 30 days of the …
Continue reading “Foreign ownership of water entitlements annual registration requirements”
The Federal Government has recently announced a further restriction on the sale of agricultural land to foreign investors, by requiring that any farm sold to a foreign investor must first be advertised widely for at least 30 days. This has been touted as a measure to ensure that Australians get a fair chance to buy …
The Australian Renewable Energy Agency (ARENA) recently released its investment plan and âinvestment prioritiesâ for the next year which importantly will underpin part of the merit assessment for its funding programs. Two of those priorities particularly will be of interest to traditional mining clients seeking opportunities in or diversification through renewable energy projects â those …
WHO SHOULD READ THIS Foreign investors who hold water entitlements in Australia. THINGS YOU NEED TO KNOW The stocktake period ends 30 November 2017, and penalties will soon apply to foreign investors who have not yet registered their water entitlements. WHAT YOU NEED TO DO Conduct a review of your water entitlements, confirm if registration …
WHO SHOULD READ THIS New South Wales construction industry participants. THINGS YOU NEED TO KNOW Beware of payment claims arriving just before Christmas and the potentially severe consequences of not responding to them. WHAT YOU NEED TO DO Ensure you have a plan in place to identify payment claims upon their arrival and respond within …
