Q&As

'Underground water rights and make good agreements'

Tuesday October 7, 2014

When negotiating a conduct and compensation agreement (CCA) with a mining or petroleum company, many landholders are concerned about the impact on underground (artesian) water and bores. This article briefly explains the legal basis for a resource company taking water, before setting out the ‘make good’ requirements under the Water Act 2000 (which is currently under review) and how to determine whether there is a make good requirement in relation to a particular landholder’s bore.
'New Land Access Framework for Mining and Petroleum Activities'

Tuesday October 7, 2014

Legislation governing land access for CSG and other petroleum activities (Petroleum and Gas (Production and Safety) Act 2004, (PAG Act)) and corresponding legislation governing land access for mining activities (Mineral Resources Act 1989 (MRA)), will be amended by the Mineral and Energy Resources (Common Provisions) Act 2014 (M&ER Act), which passed on 9 September 2014. When the M&ER Act commences, it will affect landholders’ rights in respect to negotiating or enforcing a Conduct and Compensation Agreement (CCA) with a resource company. This article explains the transitional provisions and links to other articles outlining the key changes to land access for petroleum and mining activities on private land.
'Quantifying damages for economic loss: Is this the hardest thing commercial lawyers do?'

Tuesday October 7, 2014

Your client has a cause of action sounding in damages for economic loss. Your client seeks advice on the likely quantum of damages that a court might award. A Court of Appeal decision on 16 September 2014, Ramsay v BigTinCan Pty Ltd [2014] NSWCA 324 http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=174113 shows just how difficult a task this can be.
‘School entitled to 90% indemnity from teacher’

Tuesday October 7, 2014

It is well established that the law imposes a legal non-delegable duty on teachers and schools to take care of the safety and wellbeing of pupils in their care.
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'Psychological Workplace Personal Injuries From Failure to Provide a Safe Work Environment'

Tuesday October 7, 2014

Lunchroom disciplinary action not reasonable management action The decision earlier this month by the Industrial Relations Commision of Raineri v Simon Blackwood (Workers’ Compensation Regulator)[1] further clarifies when management action can become unreasonable and provides valuable insight to the scope of employee rights to a safe place of work as well as implications for a reasonable employer’s discharge of its obligations to providing that safe work environment. The case considers what constitutes reasonable management action and the authority to issue a directive. In this article Kevin discusses the case and the implications of the decision for employers and employees in the area of personal injuries law.
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"Thank you, was helpful & informative and is an important and developing area of law."

Delegate - Use of Indigenous Land: The Legal Issues, Sydney, November 2017

 

 

 

 

 

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