Forrest & Forrest v Wilson – consequences for mining lease applicants

As we previously reported1, a consequence of the High Court of Australia’s decision in Forrest & Forrest Pty Ltd  v Wilson2 is unexpected and unhelpful uncertainty regarding the validity of the grant of certain mining leases in Western Australia.

The State Government and the Department of Mines and Petroleum (DMP) are continuing to assess an appropriate legislative fix for the issues arising out of the High Court’s decision. Although this assessment is ongoing, the DMP has publicly indicated that the legislative fix will not cover mining lease applications which (in DMP’s opinion) are affected by the High Court’s decision. Affected applicants will be required to re-submit new mining lease applications that comply with the relevant requirements of the Mining Act. The DMP has not indicated (at this stage) whether the same approach will be taken for other applications for mining tenure which have similar document lodgement requirements.

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Merger creates one of the world’s most experienced energy and resources firms

International law firms Herbert Smith and Freehills confirmed today that their partnerships have voted overwhelmingly in favour of merging to create a new firm, Herbert Smith Freehills. The firm will focus on providing an integrated service to clients across its 20 offices. This will be a full equity merger, with a single profit pool from day one. Launch of the firm is targeted for 1 October 2012.

http://www.freehills.com.au/8214.aspx