environmental
Insolvency disclaimer or state control – furnaces and coke ovens, pyrophoric iron sulphide and methane, effluent lagoons and asbestos …
The High Court of Australia has dismissed the liquidators’ application for special leave to appeal in Australian Sawmilling because the ...
Cleaning up after failed oil and mining operations – new New Zealand laws, and other ideas
The cost of environmental clean-up of mining and other resource projects where the company has gone into liquidation is a ...
Courts ‘should be wary of [liquidator] disclaimers where environmental liabilities are to be passed onto taxpayers or innocent persons’
A court has set aside liquidators’ disclaimer of contaminated property on a challenge by the environmental regulator. Particularly in a ...
Climate change and the law
Here are details of two recent events on climate change and the law, followed by details of a range of ...
Linc Energy – High Court special leave hearing 14 September Brisbane
The High Court is hearing the special leave application from the Queensland Court of Appeal decision in Linc Energy on ...
Insolvency and the environment – some law reform suggestions
While we await some pending developments in the areas of tension between insolvency law and environmental law, including the High ...
Linc Energy’s insolvency, environmental and constitutional issues are off to the High Court
The filing of a High Court special leave application[1] from the decision in Linc Energy[2] concerning the rights of liquidators ...
Mining company rehabilitation costs as contingent liabilities – Senate hearing
The question of how to account for outstanding rehabilitation costs of mining ventures was again before the Senate Environment and ...
Linc Energy’s insolvency disclaimer prevails over environmental demands
The success of the claims of Linc Energy’s liquidators against Queensland’s Environmental Protection Authority (EPA) won’t resolve the continuing legal ...
Some casual Friday comments on recent insolvency developments
This is a quick review of some on-going current issues in insolvency and related. Pending decisions The Commonwealth v Byrnes ...
Lawless, oxymoronic insolvency law – the mining regulators aren’t happy.
This comment updates our recent commentary on the complicated intersection between insolvency law and environmental regulation. There are now at ...
Restricting insolvency disclaimer rights in mining company failures?
The possibility of the West Australian government legislating to get around the insolvency disclaimer provisions of the Corporations Act was ...
Cleaning up the law – WA’s old diamond and other mines
The collapse of WA’s Ellendale diamond mine, and the liquidators’ prompt disclaimer of the mining site, leaving the clean up ...
Cleaning up after a failed miner – who pays: Part 2
This commentary highlights a confluence of 4 events concerning the complicated intersection between insolvency law and environmental regulation, one event ...
Cleaning up after a failed miner – who pays?
The Queensland Court of Appeal in Linc Energy, and the Supreme Court of Canada in Redwater Energy, are each determining ...
Pending insolvency law and practice changes
Some of us are waiting for Santa, others are waiting on anticipated updates in insolvency law so we can send ...
The legislative challenge of facilitating climate change adaptation for biodiversity
The need for our laws to facilitate increasing climate change adaptations for Australia’s biodiversity was the subject of the winning ...
NSW mines and their potential environmental impacts
In the context of the recent intersections between environmental protection laws and insolvency laws, in relation to CORA laws and Linc ...
Insolvency disclaimer of orphan wells – Linc Energy compared
While Australia is pondering the quirk in its Constitutional referral of powers arrangements which has resulted in Queensland’s environmental protection law ...
Linc Energy – environmental law v insolvency law
“It is a simplistic statement but one that is necessary to emphasize: insolvency statutes … do not mesh very well with ...
Linc Energy – how not to regulate and enforce environmental laws
Last Week’s Linc Energy decision out of Queensland – Linc Energy Ltd (in Liq) [2017] QSC 053 – could be ...
Liquidators as the last in line – the Insolvency Law Bulletin
In an article entitled “Last Man Standing” in the Insolvency Law Bulletin, I have addressed the question of regulators tending ...
Chains of responsibility – Queensland’s environmental protection law – part 2
The Queensland government has on 27 January 2017 issued a guideline under its new ‘chain of responsibility’ environmental protection legislation whereby ...
Queensland’s environmental protection “chain of responsibility” law – part 1
Queensland’s new chain of responsibility laws seek to broaden the legal scope of those who should be held accountable for ...
