Insights
Find the latest thinking from Ashurst - in-depth insights, new research, and original ideas from our experts across the firm.
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642 Results
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Renewable Energy Disputes Insight
25 Jul 2022 The new wave of renewable disputes: How can commercial parties protect themselves?
Why will commercial disputes arise New technologies have a habit of not working exactly as intended Commercial disputes are already arising out of the…
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Insight
14 Jul 2022 Uzbekistan: International PPP Opportunities
Uzbekistan is keen to catalyse private sector investment in order to reach its GDP, energy and infrastructure goals, and PPPs will be key mechanism to…
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Native Title Year in Review 2021-2022
11 Jul 2022 A big year for FPIC – an increasing global focus on the need to secure free, prior and informed consent
The Act will provide Indigenous communities with a strong platform to demand greater consultation and inclusion from proponents, the public and the Government…
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Native Title Year in Review 2021-2022
11 Jul 2022 Treaty update: Federal Government commits to Uluru Statement from the Heart while Treaty momentum gathers in the States
It will still take years First Nations Australians will have a stronger voice, both to Parliament and within legislation, on issues not typically seen as…
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Native Title Year in Review 2021-2022
11 Jul 2022 Cultural heritage protection applications under Commonwealth legislation on the rise with reform on the horizon
It will be some time before we see new legislation In the meantime, protection applications under the ATSIHP Act are a powerful means by which Traditional…
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Native Title Year in Review 2021-2022
11 Jul 2022 Costs Update: it doesn't matter who you are, unreasonable conduct risks a cost order
Although the general position remains that parties bear their own costs in the native title jurisdiction, the Federal Court will not hesitate to make costs…
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Native Title Year in Review 2021-2022
11 Jul 2022 Now we know: Full Court ends discussion on NSW statutory lease classes – no extinguishment
This will likely add to the State's compensation burden Impact of this decisionThe State of NSW ran this matter as a test case for extinguishment of native…
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Native Title Year in Review 2021-2022
11 Jul 2022 Mining Leases for infrastructure get a judicial workout
In most cases, here the mining infrastructure process does not apply, the future act will either need to be validated by the right to negotiate process where…
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Native Title Year in Review 2021-2022
11 Jul 2022 Native title compensation: Not much to see but plenty happening below the surface
Be aware that declining to join a compensation proceeding voluntarily will not shield you from compensation liability Claimants are asking the Federal Court…
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Native Title Year in Review 2021-2022
11 Jul 2022 Proving connection becomes harder in 2021
The Full Court has also made it clear that if native title to a specific area of land is put in issue, it will be necessary to evaluate whether connection to…
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Native Title Year in Review 2021-2022
11 Jul 2022 Other matters to watch out for in 2022-2023
Our Native Title Year in Review 2021-2022 articles cover the major legislative, judicial and policy developments over the last 12 months. The reform agenda in…
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Native Title Year in Review 2021-2022
11 Jul 2022 A new era for the ALRA: The Northern Territory Aboriginal Investment Corporation and other changes to the Aboriginal Land Rights (Northern Territory) Act 1976
The NTAI Corporation will replace the current beneficial payments process, putting funding decisions squarely in the hands of Aboriginal people The new…
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Native Title Year in Review 2021-2022
11 Jul 2022 Modernisation of cultural heritage protection legislation begins
This issue will be one of the most fraught aspects of the development of new legislation New Commonwealth legislation for Indigenous cultural heritage…
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Native Title Year in Review 2021-2022
11 Jul 2022 Queensland commences review of its cultural heritage legislation
Importantly, the Options Paper also states that any legislative reforms will consider the transitional arrangements needed to ensure continuity for existing…
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Native Title Year in Review 2021-2022
11 Jul 2022 Western Australian Aboriginal heritage law reform - amendments passed but still much work to do
The Act proposes a modern approach to protecting Aboriginal cultural heritage in Western Australia that will fundamentally transform how Aboriginal cultural…
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Native Title Year in Review 2021-2022
11 Jul 2022 Foreword
With an ongoing focus on State and Commonwealth law reform across native title, Indigenous heritage and environmental matters, 2022/2023 will be another busy…
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RSSG Thought of the Month | London
07 Jul 2022 Government proclaims Corporate Insolvency and Governance Act 2020 a success story
The report finds that restructuring plans are a success: their development has been facilitated by the court's ability to draw and build upon existing…
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ip @ ashurst
04 Jul 2022 Patent entitlement: the corrosive effect of failing to document the inventive process
When selling business assets, unless the assets are broadly defined, rights to an invention not expressly listed and not used in the business will not pass to…
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Ip @ Ashurst
04 Jul 2022 It's in the bag: Full Federal Court finds that neoprene tote bag is not protected by copyright
Functional considerations as design constraints Referring to the High Court's decision in Burge v Swarbrick (2007) 232 CLR 336, the Full Court observed as a…
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ip @ ashurst
04 Jul 2022 A turn in the road for breaches of the Code: higher penalties for franchisors
Given the recent changes, it is a very important time to review existing arrangements with franchisees so as to avoid potential breaches of the Code as…
