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Who must be consulted? The Full Federal Court on environment plans for offshore petroleum projects

The Full Court of the Federal Court upheld a judgment setting aside NOPSEMA’s decision to approve an environment plan for Santos’s offshore gas drilling project in the Timor Sea. The Court held that traditional owners of the Tiwi Islands, who had not been consulted, had “functions, interests or activities” which may be affected by the project.

Intermediate appellate court holds proportionate liability inapplicable in arbitration

The effect of a very significant judgment of the South Australian Court of Appeal is that unless there is an express agreement to the contrary, ordinarily parties to an arbitration agreement will not be subject to the proportionate liability regimes that apply throughout Australia (with the possible exception of the Queensland regime).