Showing 11 out of 11 results
Australian court sets a high bar for challenges to arbitrators
The Supreme Court of New South Wales has recently confirmed that, in Australia, the relevant test for challenges to the independence or impartiality of …
Ensure Smooth Sailing: Seeking a Subpoena in support of Arbitration
A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration …
Arbitration is on the rise in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report …
Arbitration in Australia
On 9 March 2021, the Australian Centre for International Commercial Arbitration (ACICA) released the inaugural Australian Arbitration Report (Report). …
The ACCC pilots its first ‘effect test’ in misuse of market power proceedings
On 6 December 2019, the ACCC launched its first enforcement proceedings under the new ‘effects test’ prohibition on misuse of market power. The …
Inside Construction and Infrastructure
Inside Construction and Infra is Herbert Smith Freehills' magazine for those involved in designing, procuring, building, owning or operating fixed …
Scene set for Erin Brockovich-style mass court claims
Most Australians are familiar with a class action involving contaminated water made famous by the Hollywood films A Civil Action and Erin Brockovich. The …
Hydraulic fracturing supported by West Australian Parliamentary Inquiry
‘Report 42 – Implications for Western Australia of Hydraulic Fracturing for Unconventional Gas’ (Report) documents the findings of the Inquiry, that the …
Have we opened the door to market based causation?
Recent Australian court decisions are also helping create fertile ground for class action litigation. In July 2015, the acceptance into Australian law of …
Forge – Turbines – Decision provides guidance on PPS leases and confirms operation of vesting provisions in PPSA
On 11 February 2016, the NSW Supreme Court provided some helpful guidance about the circumstances in which an operating lease will constitute a PPS lease …
Impact of Trans-Pacific Partnership on the Energy Sector
In brief TPP negotiations concluded on 5 October 2015. The full text is expected to be released in November 2015. The TPP is the largest regional and …
Showing 11 out of 11 results