The Australian energy sector is evolving, and as a result, we are seeing a growing development pipeline of renewable energy projects, including land based wind and solar projects. In almost all cases, these projects will be built across vast areas of farming land and require the cooperation of the relevant landowner, and inevitably, their mortgagee. …
Continue reading “Wind and Solar Farms from the perspective of the landowner’s mortgagee”
On 10 November 2023, significant changes to the unfair contract terms (UCT) regime in Australia came into effect. With expanded application and the introduction of significant penalties for infringement, if you haven’t already, now is the time to assess whether your business is caught by this regime and if so, update your documentation accordingly. What …
Continue reading “Major changes to unfair contract terms laws – the regime is here”
The financial assistance provisions in the Corporations Act 2001 (Cth) (Act) have been around for many years and arise as a consideration in a wide range of commercial transactions. This article provides a summary of when the financial assistance legislation applies, and the options available to comply with the applicable requirements in the context of …
Continue reading “Financial assistance and whitewash in financing transactions”
With the advent of an increasingly remote and/or hybrid work culture, there has been an increase in the use of various livestreaming platforms, including in relation to the viewing of business, organisational, cultural and sporting events. However, this may leave open the possibility of infringing on third-party copyright materials, or having the livestream material shared …
Continue reading “Livestreaming – have you considered copyright protection and infringement?”
Earlier this week, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill), linked here. The Bill is this Government’s third tranche of amendments to the Fair Work Act 2009 (Cth) (FW Act) and proposes sweeping reforms that will impact employers across Australia. The legislation has been referred to a parliamentary …
Continue reading “Fair Work (Closing Loopholes) Bill introduced: Significant changes ahead”
This article was originally featured in the September edition of the Governance Institute of Australia: Governance Directions journal. ‘Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here’[1] — John J Ray III The recent failure of the FTX …
Continue reading “The FTX collapse: The governance red flags top-tier investors ignored”
Douglas v Mikhael [2023] NSWSC 979 A recent decision of the Supreme Court of New South Wales has highlighted the difficulties of enforcing a verbal contract. In this case, the Plaintiff alleged that he had entered into two (2) verbal contracts which entitled him to be paid the profits of businesses operated by the Defendants. The …
Who should read this Business owners, CEOs, CFOs and contract and procurement managers of companies who procure labour through external providers or who have structured their group so that an employing entity supplies labour to an operating entity. The New South Wales Court of Appeal recently found that a ‘host’ employer, as opposed to a …
On 28 November 2023, reforms enacted last year to the Privacy and Personal Information Protection Act 1998 (NSW) (PPIPA) will come into effect. These reforms introduce a Mandatory Notification of Data Breach Scheme (MNDB Scheme) that applies to all NSW government agencies – including universities, local governments and state-owned corporations. The MNDB Scheme replaces …
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“Zombie DAs” are development applications that have been approved historically and are seemingly brought back to life, in other words relied and acted upon, many years after they were granted. This can become a cause for concern where developments that no longer adhere to contemporary environmental and planning controls, standards or strategic objectives are permitted …
On 13 July 2023 assent was given to the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 (NSW) following its passing on 28 June 2023. The Bill amends the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) to provide for housing and productivity contributions. This article provides an overview of the …
Continue reading “New Housing and Productivity Contributions Scheme”
On 10 November 2023, significant changes to the unfair contract terms (UCT) regime in Australia come into effect. With expanded application and the introduction of significant penalties for infringement, if you haven’t already, now is the time to assess whether your business is caught by this regime and, if so, update your documentation accordingly. In …
The changes to psychosocial health regulation in Queensland (see our earlier article) have been in play for just four months, and already regulators, unions and workers are regularly referring to the Code of Practice: Managing the Risk of Psychosocial Hazards at Work (Code). So, what are we seeing in the field? Safety regulators Regulators and …
Continue reading “The Psychosocial Code of Practice – what’s happening with enforcement?”
The role of the prosecutor is unusual in that the prosecutor has an adversarial relationship with the accused, but also simultaneously owes a duty to the court to establish the whole truth. Because of this peculiarity, the prosecutor’s role attracts a duty of fairness to the accused and impartiality in the conduct of the proceeding, …
Continue reading “Duties of a solicitor as the prosecutor in relation to disclosure”
Proposed reforms for developers in Queensland’s building and construction industry. The independent Developer Review Panel (Panel) appointed under the Queensland Building and Construction Commission Act 1991 (Qld) (QBCC Act) has proposed a more stringent framework for developers in the building and construction industry in Queensland. Late last year, the Panel released its discussion paper on …
Environmental, social and governance (ESG) considerations permeate every business. While much of the commentary on ESG in the business context is often targeted at publicly listed companies, there is an increasing expectation by consumers, investors and society for companies of all sizes and across all industries to address and respond to ESG, including early-stage companies. …
From 1 July 2023, reforms will commence which cap rental increases under residential tenancy agreements and rooming agreements to once every 12 months. The cap applies to all tenancies, including social housing provided by community housing providers (CHPs), and may have a disproportionate impact on these organisations, where rent is calculated based on a proportion …
Continue reading “Impacts of Queensland’s reforms to rent increase caps”
On 22 June 2023, the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (Bill) passed both Houses of Parliament. The Bill is anticipated to receive Royal Assent relatively swiftly and will result in a few notable changes to employee rights under the Fair Work Act 2009 (Cth) (FW Act). Unpaid Parental Leave The Bill …
Continue reading “Protecting Worker Entitlements Bill passes: further changes for employers”
The Register of Foreign Ownership of Australian Assets (New Register) will come into force on 1 July 2023 and will require foreign persons to register their ownership of certain Australian assets. Currently, foreign persons are required to report: However, from 1 July 2023, these various reporting obligations will be consolidated under a single registration requirement …
Rules of evidence lay down the means by which facts may be proved in a court of law. They are fundamental to common law legal systems and many modern rules of evidence can be traced back to the Middle Ages. These rules are typically exclusionary and dictate what cannot be relied upon by a court and therefore …
In 2023, both the Australian Federal and State Governments are expected to continue to increase their efforts to secure domestic supplies of coal and gas, as they attempt to address projected supply shortages, creating, as some stakeholders say, a type of ‘resource nationalism.’ For those stakeholders, operating in the Australian resources market in 2022 was …
The Australian energy sector has evolved considerably in the last 12 months. Following the Federal election, we saw Prime Minister Anthony Albanese acknowledge Australia’s significant potential to become a renewable energy superpower and enact a series of energy policies aimed at driving the country forward to 2030 and beyond. After a period marred by a divided, …
2023 outlook The surge in demand for critical minerals is expected to continue in 2023 and beyond, as battery and automotive sectors source these minerals to facilitate global decarbonisation targets. The investment in clean energy technologies – and in turn, the demand for the minerals which make up those technologies – is expected to quadruple …
2023 outlook Predictions in 2022 of a gas shortage in Australia’s east coast energy market have extended into 2023, with continued concerns for the stability of the country’s energy supply. The Australian Competition and Consumer Commission’s (ACCC) most recent gas inquiry report (released on 27 January 2023) forecasted a 30 petajoule (PJ) shortfall in the Australian east …
Continue reading “Panic at the pump: shortfalls in Australia’s gas supply and intervention measures”
Foreign investment in the Australian energy and resources sectors has long been subject to a national interest and national security test. These tests ensure that investment by foreign entities remains overall beneficial, in light of issues concerning Australia’s sovereignty. Recently, a significant increase in global cyber attacks from nation-states, state-sponsored actors and transnational cybercrime syndicates …
The Australian M&A market resurged in 2021 with record-breaking deal activity as investors turned their backs on pandemic-induced economic uncertainty. With significant amounts of deployable capital preserved as a result of cost-saving initiatives during the height of COVID-19, this trend continued strongly through the first half of 2022, but trailed off in Q3 as a …
Last year we highlighted the impact that ESG initiatives are having on financing Australia’s significant resource and renewable industry. 12 months down the track, and access to capital to fund the next wave of projects and investment continues to be one of the major challenges for Australian project operators, however the new era of reporting frameworks …
Continue reading “Money talks – reporting convergence across project finance and capital raising”
Interest in the supply of ‘green products’ has never been higher. Both from producers looking to offer a differentiated product and possibly unlock premium pricing but also from customers under pressure to demonstrate their commitment to sustainability by procuring carbon neutral or lower emissions products. The commodities market has been experiencing these shifts for some time …
Continue reading “McR ESG: spotlight on green commodities – more than unlocking customer premium”
In 2021, McCullough Robertson Lawyers, through the McCullough Robertson Foundation, committed $100,000 to establish and support the Queensland University of Technology (QUT) Michael Roche Scholarship (Scholarship). The Scholarship drives innovation in the areas of environment, sustainability, or climate change within the resources and renewables industry, by supporting insightful leadership and creative vision in originating concepts …
Approximately 95% of Australia’s landmass is uninhabited, giving the impression that little competition exists for the development of this land. In reality, vast areas of the Australian continent are endowed with valuable resources that are critical for the development of new ‘clean’ technologies, and this same land is often also ideal for other competing land …
Continue reading “Overlapping resources and renewables developments – can these projects co-exist?”
