Monthly Archives: November 2011

The Land & Environment Court has become the first Australian Court to determine that it is appropriate for greenhouse gas emissions to be offset as a condition of a planning approval. The decision has implications, not only for coal mining but, more broadly, for businesses that are contemplating development which directly emits greenhouse gases, including fugitive emissions.

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In a recent test of its cross border capability, Thomsons has advised a Hong Kong buyer on the acquisition of two Dutch companies with Indonesian petroleum exploration and production assets from an Australian seller, AED Oil Limited (under administration). The transaction was completed in two days from receipt of instructions. Thomsons engaged the UK based international firm, Eversheds, for Hong Kong and Dutch local law advice. The Brisbane team advising on the transaction comprised Partner, Eugene Fung and Lawyer, Paul Gregory.

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The Small Business Commissioner Act 2011 (Act) was passed by the South Australian Parliament in October 2011. While the Act is yet to come into operation, it will have far reaching consequences for those engaged in franchising activity in South Australia. Download the Alert now to find out how your business may be affected.

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Cloud computing is the provision of computing services over the internet from a remote location, rather than services from a desktop, laptop, in house server, local areas network, smart phone, tablet or other mobile device. As an alternative to providing services in-house, the individual or organisation will contract with a provider for the delivery of applications and storage via the internet. In short, provided internet access is available, computer applications and information are available to the user regardless of where they are physically located.

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The Victorian Supreme Court has held in its decision Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd [2011] VSC 477 handed down on 23 September 2011, that litigation privilege attaches to documents prepared for the purposes of the adjudication process under the Building and Construction Industry Security of Payment Act 2002 (Vic). Given the parallels between Queensland, New South Wales and Victoria both with respect to the legal tests for litigation privilege and the legislative schemes within which the adjudication processes operate, this Victorian decision will likely be adopted in Queensland and New South Wales. This Alert details the background and the facts of the decision and the implications arising from it.

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