The Mines and Energy Legislation Amendment Bill 2008 (Qld), passed on 30 October 2008, makes amendments to various pieces of legislation, most importantly the Mineral Resources Act 1989 (Qld).  The amendments place a 20-year moratorium on oil shale mining in the Whitsundays, as well as broadening the public interest test to effectively enable a ban on all future oil shale mining in Queensland.   What does this mean for you?

James Plumb, Senior Associate
Newsletter, November 2008

As markets and economic conditions weaken, understanding and managing investor concerns regarding executive remuneration becomes increasingly important for boards.  We discuss some of the "hot button" issues in this year's remuneration debate.

Jonathan Cheyne, Senior Associate
Newsletter, November 2008

A recent decision in the New South Wales Supreme Court, John Holland Pty Ltd v Made Contracting Pty Ltd [2008] NSWSC 374 considers an applicant’s ability to withdraw an adjudication application once it has been lodged under the Building and Construction Industry Security of Payments Act1999 (NSW) (“BCISPA”) and how the courts will strictly interpret the prescribed process of adjudication.

The decision to settle a matter prior to trial is often the result of avoiding the risk and uncertainty associated with relying on oral evidence.  However, where the evidence led at trial is primarily an oral testimony, make sure you have a good understanding of the issues that arise and the sciences involved with a persons memory.

The Australian Securities and Investment Commission (ASIC) has released its final regulatory guide (Regulatory Guide 46) aimed at improving disclosure to retail investors by the responsible entities of unlisted property schemes.

The release of the regulatory guide follows consideration of industry submissions in response to a consultation paper issued by ASIC in July this year.

With the implementation deadline set for 30 November 2008responsible entities of unlisted property schemes should consider now how the changes will affect their disclosure documents.

The September edition of Carter Newell's Aviation newsletter explores recent developments across a range of areas from airport divestments, new civil and administrative case law as well as the impending implementation of legislation ratifying the Montreal Convention into Australian law.