Tag:Australia

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Hydrogen Rising — LNG and LH2 Exports: Potential Challenges, Opportunities, and Lessons Learned
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Hydrogen Rising: Incentives and Tax Issues Impacting the Australian Hydrogen Sector
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K&L Gates recognized in Doyle’s Guide rankings in Australia for Energy
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From Fat Duck to Flat Duck to Firm Duck
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K&L Gates Welcomes Sydney Energy and Infrastructure Partner
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Mining and energy collapse echoes subprime mortgage crisis
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Australian Renewable Energy Target (RET) – Revised RET deal finalised
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Australian Renewable Energy Target (RET) – in principle agreement reached on a revised RET
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Powers of Regulators Brought Into the Spotlight by High Court Decision
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Security of Payment Legislation and Set-Off Under Commonwealth Insolvency Laws

K&L Gates recognized in Doyle’s Guide rankings in Australia for Energy

K&L Gates was recommended as a Leading Energy & Resources Law Firm in both New South Wales and Victoria in Doyle’s Guide for 2019.

Additionally, Partners Matt Baumgurtel and Luke Westmore were recommended as Leading Energy & Resources Lawyers in New South Wales (Baumgurtel) and Victoria (Westmore) for 2019.

For more information, visit Doyle’s Guide.

From Fat Duck to Flat Duck to Firm Duck

By: Matt Baumgurtel and Rachel Lawlor

How Energy Storage is Creating New Opportunities

A major disruption to the global economy is coming in the form of a seismic shift in energy markets. Largely driven by energy storage, this disruption will create exciting opportunities for the renewable energy market and will, in our view, drastically change the time of day electricity price curve (that is, the ‘duck curve’).

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Mining and energy collapse echoes subprime mortgage crisis

The collapse of the global mining and energy sector has already led to severe consequences for hedge funds, private equity, and other sources of institutional investment that have lost large sums. The loss in equity in the Australian mining sector already rivals losses on mortgage-backed securities in the US subprime crisis. There are other echoes of the 2008 crisis, but the global financial markets should be better placed to weather the storm this time around. Are they?

Please see the entire article on klgates.com

 

Australian Renewable Energy Target (RET) – Revised RET deal finalised

A bipartisan agreement on the revised Renewable Energy Target (RET) was finally reached between the Australian Government (represented by Industry Minister, Ian Macfarlane and Environment Minister, Greg Hunt) and the Opposition (represented by Mark Butler and Gary Gray) on the morning of 18 May 2015 in Melbourne. There have been reports that the agreement was reached with intervention from the Prime Minister Tony Abbott’s office.

As contemplated by the in principle agreement reached between the Government and the Opposition on 8 May 2015, the existing target of 41,000 GWh of large scale renewable energy by 2020 will now be reduced to 33,000 GWh. This reduction will be effected by way of legislative amendment to the Renewable Energy (Electricity) Act 2000 (Cth).
Australia is the first developed country to formally reduce its renewable energy target. There are suggestions the reduced RET will cause investment in Australian renewable energy projects to fall from an expected AUD20.6 billion by 2020 to AUD14.7 billion.

The Government has agreed not to pursue its proposal to continue reviewing the target every two years. This alleviates concerns over the retention of the two-yearly reviews of the scheme. These reviews have arguably been the predominant cause of the current investment freeze in the renewable energy industry. In lieu of the two-yearly reviews, annual statements detailing achievement towards meeting the RET and impacts on electricity prices will be provided by the Clean Energy Regulator.

Despite lack of support from the Opposition, the Greens and the renewable energy industry, the Government’s plan to include native forest wood waste in the range of energy sources that are eligible to contribute to the RET will be included in the relevant amending legislation which is expected to be presented to Parliament next week. The Government intends to pass this proposal with support from the Senate crossbench.

It is expected the revised RET should be passed by both the House of Representatives and the Senate before the winter recess on 25 June 2015.

The Opposition has indicated that it would increase the 2020 target if it wins the next election, which is to be held on or before 14 January 2017.

Australian Renewable Energy Target (RET) – in principle agreement reached on a revised RET

After months of negotiations, Industry Minister Ian Macfarlane has confirmed that on 8 May 2015 the Australian Government and the Opposition have agreed in principle a revised Renewable Energy Target (RET) of 33,000 gigawatt-hours (GWh) of large scale renewable energy by 2020. Read More

Powers of Regulators Brought Into the Spotlight by High Court Decision

Recently the High Court of Australia handed down its unanimous decision in Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7 (HCA Decision) which relates to the powers of the Australian Communications and Media Authority (Authority).

The HCA Decision accepts that the Authority was permitted to make a finding of fact that a licensee committed a criminal offence and in doing so had breached a licence condition, despite the fact that no proceedings in relation to the criminal offence had been commenced or successfully prosecuted.

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Security of Payment Legislation and Set-Off Under Commonwealth Insolvency Laws

A recent Victorian Supreme Court case[1] has clarified the impact of Commonwealth insolvency set-off provisions on State-based security of payments legislation.

The case demonstrates that although a principal is generally precluded from relying on a set-off or counterclaim in certain contexts under the Building and Construction Industry Security of Payment Act 2002 (Vic) (BCISP Act), this general preclusion does not apply if the claimant is in liquidation, due to the operation of section 553C of the Corporations Act 2001 (Cth) (Corporations Act).

The case also provides useful commentary on what is considered a ‘payment schedule’ for the purposes of the BCISP Act.

If you would like to read more about this case, please click here.

[1] Façade Treatment Engineering Limited v Brookfield Multiplex Construction Pty Ltd [2015] VSC 41.

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