The High Court has reiterated the primacy of deterrence in determining civil penalties, reinstating the maximum penalty against a serial offender. The majority held that the purpose of deterrence was not constrained by notions of proportionality, that might otherwise be drawn from the criminal law.
Author: Matthew Peckham
Validus Advisory Group Pty Ltd v Consolidated Tin Mines Ltd  NSWSC 417 stands as an important reminder of the consequences of carrying on a financial services business without a licence, and the broad scope of activities that are covered by the licensing regime.
Disclaiming an insolvent company’s environmental obligations: the case of Linc Energy Ltd (in liquidation)
In Longley v Chief Executive, Department of Environment and Heritage Protection  QCA 32, the Queensland Court of Appeal has clarified the ability of liquidators to disclaim onerous property, including obligations that arise in respect of that property under State environmental legislation.
The Turnbull Government has introduced a bill to abolish the limited merits review regime under the National Electricity and Gas Laws. The bill is a major departure from the cooperative federalism that underpins the national energy regime, and raises interesting questions about how it will operate in future.