Mining Sector: Legislative Reform and Drafting for Risk
Changes to Aboriginal Cultural Heritage protection and the Unfair Contract Terms Regime are 2 legislative reforms impacting the mining sector, so explore the implications of these developments whilst networking with other mining practitioners. Understand the impact of the Act on due diligence in land access agreements and explore new civil penalties and exclusion clauses. Gain a toolkit of tips for litigation risk avoidance in 12 risk areas when drafting mineral and petroleum exploration agreements. 239W01
Description
Attend and earn 3 CPD units including:
2 units in Substantive Law
1 unit in Professional Skills
This program is based on WA legislation
Chair: Marshall McKenna, Partner, Gilbert + Tobin; Leading Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2023; and Best Lawyer in Mining Law, Native Title Law and Natural Resources Law, and Lawyer of the Year (Perth) for Native Title, Best Lawyers 2024
IMPLICATIONS OF NEW LEGISLATIVE REGIMES ON THE MINING SECTOR
2.00pm to 3.00pm Aboriginal Cultural Heritage: Where Are We Now?
- Current state of amendments;
- What’s changed and what’s the same?
- Risks, predictions and reflections
Presented by Matt Pudovskis, Barrister, Francis Burt Chambers; Recommended Native Title Barrister Junior Counsel, Doyle’s Guide 2022
3.00pm to 4.00pm Investigating the Impact of Amendments to the Federal Unfair Contract Terms Regime
- In this session, you will navigate the reforms, with a particular exploration of:
- The introduction of the civil penalty regime
- The expansion of protections to small businesses
- Assorted additional powers of the courts
- Factors which the courts must consider when determining whether a contract is a standard form contract
- Contractual provisions which are excluded from the regime
- New categories of contracts which are excluded from the regime
- Further assess the implications of these changes
Presented by Simon Davis, Barrister, Francis Burt Chambers
4.00pm to 4.15pm Afternoon Break
DRAFTING FOR LITIGATION AVOIDANCE
Professional Skills
4.15pm to 5.15pm Mineral & Petroleum Exploration Agreements: Litigation-Risk Clauses
Taking the time to carefully consider and prepare for the risks that may arise in exploration (and in the event that commercially viable mineral and petroleum deposits are found) can save significant amounts of time and money. A well-drafted agreement can mitigate a costly and protracted dispute resolution process.
In this session, you will review and receive recommended drafting techniques for current litigation-risk clauses in exploration agreements including:
- Risk apportionment and indemnities
- Assignment
- Framing force majeure events and consequences
- Use of and responsibility for artificial intelligence
- Reporting and compliance responsibilities
- Capability requirements
- Priority mining rights where more than one mineral is found
- Intellectual property
- Health and Safety
- Insurance
- Public interest
- Dispute resolution
Presented by Dr Jessica Henderson, Barrister, Murray Chambers; Recommended Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2021
Presenters
Matt Pudovskis
Matthew has a broad practice in commercial and public law and particular experience in land access (native title, mining, planning, and environmental law) and administrative law (including merits and judicial review). As counsel, Matthew has appeared in most superior Federal and State Courts, the State Administrative Tribunal, and the National Native Title Tribunal. Matthew’s experience includes: advising and representing native title applicants and respondent parties in relation to native title claims and Indigenous Land Use Agreements; advising prescribed bodies corporate and other types of Aboriginal corporations; representing mining companies in relation to disputes before the Mining Warden acting administratively; advising in relation to land tenure issues; advising and representing clients in relation to prosecutions under the Environmental Protection Act 1986 (WA), the Aboriginal Heritage Act 1972 (WA), and the Planning and Development Act 2005 (WA); advising clients in relation to judicial review of decisions made under the Environmental Protection Act 1986 (WA) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth); and, representing clients in relation to a variety of civil disputes in the District Court of Western Australia and the Magistrate’s Court of Western Australia. Matthew has a Master of Laws from the University of British Columbia that focussed on Canadian Aboriginal and environmental law. He is the author of the Lexis Nexis “Native Title – Foreign Jurisdictions” guidecard and is a contributor to the Australian Resources and Energy Law Journal and Native Title News. He is a member of the Law Society of Western Australia’s Environment, Town Planning & Local Government Committee.
Dr Jessica Henderson
Jessica Henderson is a barrister at Murray Chambers, practicing in mining and resource law, aviation finance and injury, succession law, and historic sexual abuse claims. She has acted for multinational energy corporations, international airlines, insurers, high net worth estates, as well as local corporations and individuals. She appears in each of the WA metropolitan courts, many regional Magistrates Courts and Warden’s Court and welcomes briefs challenging established legal precedent, particularly in the mining and resource sector. She has conducted complex litigation at first instance and on appeal. Dr Henderson’s advocacy is characterized by her thorough preparation, her meticulous approach, her willingness to understand and embrace the commercial realities of her clients, and her enthusiasm for a Speyside scotch on the successful completion of trial. In addition to her practice as a barrister, Dr Henderson is a part-time Member at the Administrative Appeals Tribunal, and volunteers as a member on a number of boards and committees, including the Brief Editorial Committee. She is a co-author of Civil Litigation: Strategy and Practice (Lexis Nexis: 2022) and a mother of three children (including twins) to whom she credits her advanced mediation skills.
Simon Davis
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth. In Perth from 2000 to 2004 he was at Allens Arthur Robinson, where his practice covered international and domestic commercial litigation, arbitration and alternative dispute resolution, for a range of commercial and resources clients. In London and Paris from 1993 to 2000 Simon was a disputed solicitor at Freshfields, where he gained particular experience in international arbitration, both commercial and construction/technical, acting for a variety of governmental, industrial and commercial clients in arbitrations governed by common and civil law systems. Simon is admitted to practice in Western Australia, Victoria and England and Wales. He is a Fellow of the Chartered Institute of Arbitrators, and an Honorary Fellow in the Faculty of Law of the University of Western Australia, where he co-teaches International Commercial Arbitration.
Venue
Cliftons Perth
Parmelia House, 191 St Georges Terrace
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - Elizabeth Quay Train Station
Bus Interchange - St Georges Terrace, after Milligan St (1 min walk)
Parking information
Parking not included in your registration.
Here is an option - Wilson Parking - St Georges Square, 225 St Georges Terrace Perth - click here for rates.