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NSW Court of Appeal confirms letters of comfort don't extend liability to a liquidator's admissions of debt
In Forex Capital Trading Pty Ltd (in liq) v Invesus Group Ltd [2025] NSWCA 64, the New South Wales Court of Appeal has confirmed that a parent company agreement under a letter of comfort to pay 'debts … incurred' by its subsidiary does not apply to proofs of debt admitted in liquidation. In this Ins ...
Australia's energy transition: a complex regulatory road to nuclear power
With the country’s coal-fired power fleet rapidly ageing, nuclear power has been suggested as a possible provider of low-emissions, reliable power to support the energy transition. This raises the ...
Energy transition panel: the implications of US policy changes on Australia
Partner and Head of Energy Kate Axup participated in a panel discussion at The Australian Financial Review Business Summit in March, joining industry leaders to explore the topic 'Energy Transition ...
A 'drastic intrusion': appointing provisional liquidators to a solvent company
In a recent Federal Court decision, 1 Justice Cheeseman declined to set aside the appointment of provisional liquidators which had been made pursuant to s472(2) of the Corporations Act 2001 (Cth) ...
How to mitigate construction risks and avoid disputes in pumped hydro projects
The sheer scale and duration of pumped hydro energy storage projects leave them vulnerable to inflationary pressures, material shortages and labour constraints, especially in the current global climate. ...
Changing customer service levels: a lesson in consumer law risks
On 21 February 2025, the Federal Court of Australia handed down its decision in Australian Competition and Consumer Commission v Telstra Limited [2025] FCA 93. The Court found Telstra misled nearly 9000 customers via its Belong broadband service by failing to inform them of a reduction ...
FPIC in focus: implications of a recent Canadian Federal Court decision for Australian stakeholders
The principle of 'free, prior and informed consent' ( FPIC ) is recognised as a 'gold standard' for engaging with First Nations communities in the context of environmental, social and governance ( ...
Mixed results in Medibank class action on privilege claims over investigation reports
A recent Federal Court decision has further highlighted the challenges of maintaining privilege claims over third-party investigation reports, particularly where those reports are—or become—relied on for non-legal purposes, including operational, regulatory, and public or investor relations. ...
Significant reforms proposed to cultural heritage protections in the Northern Territory
Protection of sacred Indigenous sites is a cornerstone of preserving Australia’s First Nations heritage. The Northern Territory Aboriginal Sacred Sites Act 1989 (the Act) requires project proponents operating in the Northern Territory (NT) to obtain approval to operate in the vicinity of sacred site ...
The proof is in the process: an update on how the new merger regime will work
With Treasury's release of the Ministerial instrument containing the notification thresholds and the ACCC's release of various process guidelines, we now have some long-awaited clarity on how the new merger regime will work. ...