Mining Law: Litigation Risks and Best Practices

Examine 7 of the most crucial areas of concern for inhouse counsel in the energy and resources sector in one day. More than ever the litigation risks and governance and policy issues are impacting the industry. Gain critical insights into the many litigation risks including a deep dive into topics climate litigation, the use of drones and AI, native title compensation quantum plus an update on the mining industry recent case law. Be guided with valuable perspectives and strategies to navigate the appearing at senate committees, M&A due diligence and critical Minerals Policy concerns. Don't miss this essential event.

Wednesday, 11 September 2024
Early Bird Discount ends 2 Aug 2024 $556.50
Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

9.00am to 10.00am Drones, E-DNA, Artificial Intelligence and Asian Green Muscles: The Mining Law Risks You Must Guard Against in 2024 and Beyond

 

  • High profile risks and how to mitigate them with cunning legal strategies
  • Drones: how to ensure the benefits outweigh the risks
  • E-DNA: what it is, and its relevance to mining lawyer
  • AI: will it fundamentally change the landscape of mining law as we know it?
  • Asian Green Muscles: delicious snack, or the Covid-19 of mining construction?

Presented by Dr. Jessica Henderson, Barrister, Murray Chambers

10.00am to 11.00am Climate Litigation and Greenwashing Risks in the Mining Sector

 

  • Overview of emerging risks for mining companies arising from climate-related litigation and allegations of greenwashing
  • Global trends in climate-related litigation
  • Securities law issues related to corporate climate-related targets and disclosures
  • Competition law risks from complaints that mining companies may be misleading the market in their sustainability or ESG reporting
  • Mitigation strategies for mining companies

Presented by Raelene Webb KC, Murray Chambers

11.15am to 12.15pm Assessing the Quantum of Native Title Compensation for Mining Projects After Northern Territory v Griffiths (2019) 269 CLR 1

 

  • The statutory framework for assessing native title compensation: Mining Act 1978 (WA) and Native Title Act 1993 (Cth)
  • The High Court's approach, in Northern Territory v Griffiths (2019) 269 CLR 1, to the quantum of native title compensation under the Native Title Act
  • Examples of post-Griffiths settlement of mining compensation claims
  • Future directions - is there a case for statutory benchmarks for native title compensation?

Presented by Nunzio Lucarelli KC, Barrister, Francis Burt Chambers

12.15pm to 1.15pm Mining Law Disputes and Case Update


This session will examine recent Court of Appeal, Supreme Court and Wardens Court cases about the importance of security and certainty of title under the 
Mining Act, and the availability of declaratory relief for mining law disputes. The session will focus on when a right to sue for a mere declaratory judgment arises and applicable limits on the court’s power to grant declaratory relief for mining law disputes.
Presented by Samantha Nadilo, Barrister, Fourth Floor Chambers; Recommended Leading Commercial Litigation & Dispute Resolution Barristers, Western Australia, 2024

4.00pm to 4.15pm Afternoon Break
Session 1: Litigation Risks and Case Law Update for the Mining and Resources Industry


Chair: 
Marshall McKenna, Partner, Gilbert + Tobin

11.00am to 11.15am Morning Break
Session 2: Best Practice and Appearing at Senate Committee Inquiries, Due Diligence and Policy Issues


Chair: 
Katie Winterbourne, Partner, Piper Alderman

3.00pm to 4.00pm Legal Guidance for Mining Clients Facing Senate Committee Inquiries

 

  • Understand the legal framework for Parliamentary Committees in Western Australia and the Commonwealth as it pertains to mining
  • Recent caselaw of relevance
  • How parliamentary committee inquiries operate in practice
  • The operating practices and procedures of parliamentary inquiries
  • Rights and obligations of witnesses
  • The interplay of confidentiality and privilege matters with parliamentary privilege
  • Key questions arising from conflicting interests in mining-related parliamentary inquiries

Presented by Dr. Colin Huntly, Barrister, Murray Chambers

2.00pm to 3.00pm Legal Due Diligence in the Mining Sector: The Current Merger and Acquisition Environment

 

  • Why legal due diligence is more important than ever to protect investment and meet guidelines from ASIC, the ASX and industry regulators
  • What are the key matters to investigate that may add value to the project, or possibly devalue the project. These matters will have significant commercial implications at both the negotiation and post-transaction stages
  • Greenfields developments and the difficulties with red and green tape
  • M&A’s increasing prevalence in the mining sector backed by current market trends
  • This presentation will include an analysis on each jurisdiction within Australia.

Presented by David Salim, Group CEO, Principal Solicitor, Hetherington

4.15pm to 5.15pm Critical Minerals Policy

 

  • Policy objectives
  • Minerals processing and offtake
  • FIRB regulation

Presented by David Perks, Partner, Dentons Australia Limited

Presenters


Marshall McKenna, Partner, Gilbert + Tobin
Marshall McKenna has been a partner since 2000. He joined the partnership of Gilbert & Tobin in its Perth office on 1 June 2016. His principal focus is on commercial litigation, intellectual property, mining litigation (in both the Warden's Courts and the Supreme Court), native title, litigation, land access and planning and environmental approvals and Freedom of Information issues. He is also active in negotiating and documenting compensation, heritage and land access agreements. Marshall has extensive litigation experience including appearing as counsel in several native title and mining matters, and has also instructed in significant trust remediation matter, enforcement of confidentiality obligations, restraints of trade and employment obligations. He was the counsel for the successful party in the first determination that an act not be done under the Native Title Act 'right to negotiate' process. He has previously lectured in Mining and Petroleum Law at the University of Notre Dame and has lectured in Equity at that institution and at the University of Western Australia. Marshall is recognised by Chambers and Doyle's list as a preeminent practitioner in native title and Australia's Best Lawyers recognises him as being a leading lawyer in Litigation and Dispute Resolution; Mining Law; Native Title; Land Access and Planning.


Dr. Colin Huntly, Barrister, Murray Chambers
Dr Colin Huntly is a Barrister in private practice at Murray Chambers. His practice includes criminal, family, regulatory and administrative law matters. With a background that includes 7 years as a full-time decision-maker on the Administrative Appeals Tribunal, more than a decade in senior parliamentary and Ministerial service in Western Australia and Tasmania and an equivalent period as a legal academic, Colin is knowledgeable, approachable and experienced in the range of issues that are likely to arise if your organisation finds itself involved in a parliamentary inquiry. Colin’s parliamentary inquiry-related work included matters as diverse as parliamentary privilege, cross-border jurisdiction, altruistic surrogacy, sale of government business enterprises, Annual Estimates, recreational fishing, judicial and executive appointments, electricity distribution systems, and public sector workforce reform legislation. The session will be informative, practical, and interactive, with plenty of opportunities to ask questions, pose hypotheticals, and gain insight that will assist in-house counsel in developing relevant and informed standard operating procedures for dealing with parliamentary inquiries.


David Salim, Group CEO, Principal Solicitor, Hetherington
Over the last 14 years, David has built a reputation for excellence in resources, mining and environmental law, accelerating Hetherington’s growth to the full-service firm it is today. Hetherington has close to 20 consultants and lawyers and three distinct entities: Hetherington Tenements, Hetherington Legal and Hetherington Environmental. David specialises in legal compliance, regulation and management of exploration and mining tenure, partnering with ASX listed and privately owned mining and exploration companies within all jurisdictions of Australia, and internationally, including Pacific Region, New Zealand, Canada, North and South America.


Dr. Jessica Henderson, Barrister,Murray Chambers
Jessica Henderson is a barrister at Murray Chambers and a part-time Member at the Administrative Appeals Tribunal (General and Migration/Refugee Divisions). She specialises in aviation, succession, and human rights law and has acted for commercial airlines, international insurers, government and NGOs. She is a member of the Law Society of WA Brief Editorial Committee and the Country Practitioners Committee and sits on the board of several NFP organisations. She holds a doctorate in American constitutional history and has been awarded the Richard Kiwanuka prize for International Humanitarian Law. Her three children are responsible for fine tuning her negotiation and mediation skills.


Raelene Webb KC, Murray Chambers
Raelene Webb KC holds a Bachelor of Science (Honours) in Physics from the University of Adelaide and a Bachelor of Laws from the University of Queensland. She was admitted to the Supreme Court of the Northern Territory and the High Court of Australia in 1992. In 2004 she was appointed Queens Counsel. Raelene was appointed President of the National Native Title Tribunal for a five-year term in 2013 after a distinguished career as a barrister and has now returned to private practice at Murray Chambers in Western Australia. She is recognised as one of the leading native title silks in Australia and has appeared as lead counsel in many native title and Aboriginal land matters and advised upon, and appeared in the High Court, in most land-, mark cases on the judicial interpretation and development of native title law since the decision of Mabo v Queensland (No 2). Raelene is a fellow of the Australian Academy of Law and was awarded the Law Council of Australia Presidents' Medal in 2014, in recognition of her outstanding contribution to the legal profession in Australia.


Nunzio Lucarelli KC, Barrister, Francis Burt Chambers
Nunzio has practised as a barrister in large, complex commercial litigation for 38 years. He has been a King’s Counsel for 24 years. He appears in a broad range of commercial law matters, including in the areas of: contract law; corporations law; misleading or deceptive conduct; mining law; international commercial arbitration; property law; equity and trusts; international law; torts; insolvency and administrative law. Nunzio is a Fellow of the Chartered Institute of Arbitrators. In addition to being a member of the Victorian Bar, Nunzio is also a member of the Western Australian Bar and the English Bar. Nunzio is experienced in all facets of trial and appellate advocacy in the Supreme Court of Victoria, the Supreme Court of Western Australia, the Supreme Courts of other States, the Federal Court of Australia, the High Court of Australia and in international commercial arbitrations.


Katie Winterbourne, Partner, Piper Alderman
Katie is a partner in the Projects team of Piper Alderman. She has over 25 years’ experience working on commercial legal matters for resources, energy and infrastructure companies. Katie advises on Crown Land access, permitting and regulatory compliance, project development, closure and rehabilitation in Western Australia, negotiating agreements with all levels of government, regulatory agencies and other stakeholders. She also has extensive experience working with the environmental and water regulatory regimes across Australia and in Alberta, Canada. Katie worked as an in-house lawyer at BHP for over 4 years and earlier in her career undertook several legal research projects while studying in Calgary, including advising the Chair of the Alberta Environmental Appeals Board on hearings involving contaminated land and water allocation. Katie is recognised in Best Lawyers Australia for Planning and Environmental Law, Mining Law, Natural Resources Law and Water Law.


David Perks, Partner, Dentons Australia Limited
David co-leads the Corporate and Commercial team in Perth and has over 25 years experience advising some of Australia’s leading energy and resources companies. David has a broad range of corporate experience with particular expertise advising ASX 200 clients on large, complex and innovative transactions. As a highly-regarded corporate and commercial lawyer, David has been consistently ranked as one of Australia’s leading energy and resources lawyers in various directories. Recognised by his peers in The Best Lawyers in Australia for his work in Corporate/Governance Practice, Energy Law, Mining Law, Oil & Gas Law, Natural Resources Law and Equity Capital Markets (2013 to 2023), David is also ranked in The Asia-Pacific Legal 500. David also has expert knowledge of the Corporations Act, ASX Listing Rules, the petroleum legislative regime, the mining legislative regime and foreign investment regulation.


Samantha Nadilo, Barrister, Fourth Floor Chambers
Samantha is an experienced commercial barrister. She appears unled, and led, in a variety of courts and in tribunals, arbitrations, mediations, regulatory examinations, and public inquiries. Naturally in WA, Samantha has sector expertise in mining and energy and resources disputes. Samantha has expertise in mining law, arbitration (domestic and international), corporations law, contract, corporate crime and investigations, anti-bribery and corruption, class actions and access regulation. Samantha is a member of the panel of individuals that can act as arbitrators in the event of a dispute under the Railways (Access) Code 2000. Before being called to the bar, Samantha was a Senior Associate in the Disputes team at Herbert Smith Freehills. She joined Freehills (as it then was) in 2007 and practised in both Perth and Sydney.

249W02

Mining Law: Litigation Risks and Best Practices

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Wednesday, 11 September 2024
9.00am to 5.15pm Australia/Perth
CPD Points 7
$795.00
$795.00
Early Bird Discount ends 2 Aug 2024 $556.50
Face to Face 20240722 20240911

Face to Face

Register
Online 20240722 20240911

Online

Register
On Demand 20240722 20240911

Post Seminar Recording

Register
Morning Session
Wednesday, 11 September 2024
9.00am to 1.15pm Australia/Perth
CPD Points 4
$505.00
$505.00
Early Bird Discount ends 2 Aug 2024 $353.50
Face to Face 20240722 20240911

Face to Face

Register
Online 20240722 20240911

Online

Register
On Demand 20240722 20240911

Post Seminar Recording

Register
Afternoon Session
Wednesday, 11 September 2024
2.00pm to 5.15pm Australia/Perth
CPD Points 3
$420.00
$420.00
Early Bird Discount ends 2 Aug 2024 $294.00
Face to Face 20240722 20240911

Face to Face

Register
Online 20240722 20240911

Online

Register
On Demand 20240722 20240911

Post Seminar Recording

Register
Venue
Cliftons - Perth

Parmelia House, 191 St Georges Terrace, Perth

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.