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 …