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