Shannon Walker

We’ve said it before and we’ll say it again, New Zealand is the best jurisdiction worldwide for mining. It is great to be operating in a country where the politicians actually do what they say they are going to do. And furthermore they have the foresight to look to improve the country for the long term by creating growth and employment in a sustainable manner by bucking the trend of other countries. New Zealand has and will always have some of the best environmental practices and policies and we look to operate within them and exceed them where we can. High grade underground mines are the future and now they are available in an accelerated timeline.

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**Bruce Lehrmanns’ failed Defamation Claim reforms New Defamation Law Bruce Lehrmann's defamation case against Network Ten and Lisa Wilkinson was dismissed, with the court upholding the substantial truth defence. 🔗 Read more on our blog. https://lnkd.in/ggX_cv6A #defamation #BruceLehrmann #legalnews #legaladvice

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Got half an hour? Join us next week for a guided tour of the Library website and get the most out of this free legal resource. We'll demonstrate how Vic lawyers can log in and access special features and content to help them research the law. 📆 Book now: https://ow.ly/brwc50SugK1 #viclaw #lawlibrary #lawyers #law

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In the Public Understanding of Law Survey (PULS), respondents were asked questions about the extent to which they thought ‘the law is relevant’ to eight situations involving everyday legal issues. Debt and money are one area where Victorians may not see the law as relevant. However, people identified the law as relevant to wage theft much more than credit card or Centrelink payment issues. While most people recognised law as relevant to their everyday legal problems, a significant and persistent proportion did not, and this was clearly related to socio-economic circumstances. The PULS Volume 2 explores legal capability including the knowledge, skills and attributes that are required to effectively understand and use the law. Discover PULS Volume 2: Understanding and Capability now: https://zurl.co/DTOp

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Watch now 🧑‍🧑‍🧒 https://lnkd.in/gQiry34E The Nuts and Bolts of Dependency Law This program covers: - Key differences between Juvenile Court and Family Law Court - Overview of case plans and their impact on parental rights - Insights into the role of the Department of Children and Family Services Watch now 🔗 https://lnkd.in/gQiry34E #DependencyLaw #JuvenileCourt #FamilyLaw #ParentalRights #LegalEducation #CLE #OnDemand

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The Importance of Expert Witness Training 🎓👨‍⚖️👩‍⚖️ Insights from New Aim Pty Ltd v Leung [2023] FCAFC 67 📜 The recent appeal decision in New Aim Pty Ltd v Leung [2023] FCAFC 67 highlights the complexities and challenges faced by expert witnesses in legal proceedings. 🏛️ The Full Court of the Federal Court found that the primary judge erred in rejecting the entirety of an expert's evidence based on issues related to the preparation of the expert report. This case serves as a reminder of the importance of comprehensive training for expert witnesses. 📚 Lessons learned: Expert witnesses must maintain independence and objectivity throughout the report preparation process, even when collaborating with legal practitioners. ⚖️ ✅ Clear communication and documentation of the expert's contributions to the report are essential to establish the credibility and admissibility of their evidence. 📝 ✅ Expert witnesses should be well-versed in the relevant codes of conduct and practice notes and ensure compliance with legal requirements and expectations. 📋 ✅ Professionals can greatly benefit from specialised training to navigate the intricacies of providing expert evidence. By attending expert witness training and achieving registered practising expert witness status, individuals can: ✅ Gain a deep understanding of their roles, responsibilities, and ethical obligations. 🤝 ✅ Acquire the necessary skills to prepare high-quality expert reports and deliver effective testimony. 📊 ✅ Learn strategies to maintain independence and withstand cross-examination. 💪 ✅ Boost their professional reputation and marketability in the legal industry. 📈 Investing in expert witness training is an important step for professionals aiming to make a positive impact in the field and contribute to the fair administration of justice. ⚖️ The Resolution Institute is offering a comprehensive Expert Witness Training Course on June 11th, July 16th, and August 15th, 2024, the year it is online to facilitate interstate and overseas practitioners. 🌐 Key features of the course include: ✅ In-depth exploration of the expert witness role and associated responsibilities. 🔍 ✅ Guidance on legal procedures and requirements for expert witnesses. 📜 Hands-on training in crafting expert reports and handling cross-examination. 🖊️ ✅Personalised feedback and assessment of expertise through written reports and simulations. 📝 Successful completion of the course marks the first step towards achieving accreditation on Resolution Institute's Register of Practicing Expert Witnesses, demonstrating your dedication and proficiency in the field. 🎖️ Please refer to the flyer or visit the Resolution Institute website for more information on course details, fees, and registration here https://lnkd.in/ggP6WnWv. 🌐💰 #ExpertWitness #LegalTraining #ProfessionalDevelopment #ResolutionInstitute #DispueResolution

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Insurance companies don't always make the right decisions. At Elit Lawyers, we flip the balance of power so that policy holders in Australia can successfully access justice and achieve maximum insurance recovery. Demonstrating our commitment to policy holder advocacy, Elit Lawyers recent led and won the landmark Supreme Court case, Princess Theatre Pty Ltd & Ors v Ansvar Insurance Limited [2024] VSC 363. Policy holders benefit from over 60 years of combined experience representing insurers, which ensures their rights are enforced and justice is accessible. Elit Lawyers, with a deep understanding of the challenges policy holders face, excels in securing their full and rightful entitlements. As one of the few Australian firms free from conflicts of interest, our dedicated Policy Holder Disputes practice is solely focused on advocating for policy holders' rights and ensuring their recovery. Our specialisations include: ⚖️ Business Interruption Insurance ⚖️ Property and Product Insurance ⚖️ Public Liability ⚖️ Director & Officer Insurance ⚖️ Professional Liability Insurance (including Cyber Insurance) ⚖️ Builders Warranty Insurance ⚖️ Life Insurance Our recent matters include: ⚖️ Acting for policy holders who sustained a fire at their luxury home seeking to challenge insurers decision in respect of premium house and contents insurance policy and negotiate settlement of rectification of home and contents claims. ⚖️ Filing proceedings against insurers in the Supreme Court Insurance List on behalf of business alleging that an aviation insurance policy covers an accident which occurred to a high value asset. ⚖️ Acting on behalf of various businesses against insurers in Supreme Court litigation seeking to challenge insurers decision to decline cover for business interruption losses under industrial special risks policies. For expert advice on insurance policy interpretation or concerns about your insurance, contact us personally. Danielle Snell, Managing Partner & Co-Founder | [email protected] | 0401 812 885 Robert McGirr, Partner & Co-Founder | [email protected] | 0413 944 023 #PolicyHolder #Dispute #PolicyHolderDisputes #InsuranceLaw #Litigation #ElitLawyers #LegalAdvice #ConflictReferral

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An update is coming to the way some virtual Court events will be conducted in the Courts.   In an effort to streamline the virtual Court process, starting Monday 11 November 2024, each of the following virtual Court events in the New South Wales registries, including Albury and Lismore, and the Australian Capital Territory, will be conducted using the Webex platform:   Family Law Registrars: - First return lists before Judicial Registrars - Directions hearings and Mentions before Judicial Registrars - Interim defended hearings before Senior Judicial Registrars that are conducted electronically - Dispute resolution conferences that are conducted electronically Family Law Judges: - Interim defended hearings that are conducted electronically - Defended hearings that are conducted electronically - General Federal Law hearings before Judges that are conducted electronically   To prepare for the upcoming changes, practitioners are encouraged to access the following resources.   For information relevant to connecting to, participating and engaging in Webex virtual Court hearings please see: https://lnkd.in/gYvvRApr For information relevant to participating in virtual Court hearings, including Court etiquette: https://lnkd.in/gijwKcCv   For practitioners and parties to familiarise themselves with a Webex meeting prior to their virtual Court event please see: https://lnkd.in/dFNM9ve   #fcfcoa #familylaw #auslaw #federallaw #noticetotheprofession 

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In the past we have made use of some of the research and advisory work done by IFAC. This article on transforming the SMPs appears quite relevant. All the best. https://lnkd.in/guiM3i7v

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The November 2024 Law Compliance Report is available! In this issue we set out some of the current Bills we are tracking throughout Australia, discuss recent legislative changes occurring Nationally and in each State and Territory, and provide Comply Online® tips. Click on the link to view the current Law Compliance Report. For previous reports and articles, head to the "Latest News" section of our website at lawcompliance.com.au. #law #lawandlegislation #lawcompliance #compliance #complyonline #compliancesolutions #complianceservices #legalupdates #australia

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If you’ve been injured at work, you may wonder whether it is best to continue using any accrued sick leave, or if you should lodge a workers compensation claim. TGB’s Darwin-based lawyer Lauren Hooper discusses both options and the key things you need to consider. https://buff.ly/3CsCbwy #TindallGaskBentley #TGBLawyers #TGB #lawyers #darwinlawyers #NTlawyers #lawfirm #legaladvice #legaladvisors #workerscompensation #workerscomp #injuredatwork #workinjury #compensationclaim

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Can Courts measure mana? A thoughtful article from the Conversation. It describes some cases where the concept of “mana” has been used in defence – the Peter Ellis case being a well known one. The article then goes on to discuss other cases and to also give a little warning about the dangers of common law corrupting elements of tikanga by subsuming it inappropriately. The article ends with this statement “The courts can only build good, authoritative jurisprudence where the arguments presented by lawyers are good and authoritative. There is a risk of damage to tikanga concepts if lawyers do not have that knowledge and do not respect the authenticity of tikanga.” https://lnkd.in/g46Ux8ax #protectingtikanga #legaldefence #justicesystem

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CASEWATCH: Be mindful of the boundaries of "without prejudice" privilege: In 𝐷𝑢𝑓𝑓𝑦 𝐾𝑒𝑛𝑛𝑒𝑑𝑦 𝑃𝑡𝑦 𝐿𝑡𝑑 𝑣 𝐺𝑎𝑙𝑖𝑙𝑒𝑜 𝑀𝑖𝑟𝑎𝑛𝑑𝑎 𝑁𝑜𝑚𝑖𝑛𝑒𝑒 𝑃𝑡𝑦 𝐿𝑡𝑑 [2020] 𝑁𝑆𝑊𝐶𝐴 25, the NSW Court of Appeal clarified that "without prejudice" privilege does not extend to non-curial procedures. In this case, Duffy Kennedy (DK) argued that confidential statements made during a "without prejudice" meeting were used by the principal’s representative to take contractual action. However, the Court held that the privilege does not protect such disclosures in non-litigious contexts, reaffirming that information shared in settlement negotiations can still influence contractual decisions - whether or not a settlement is reached. This decision emphasizes the need for caution when discussing sensitive matters during settlement talks, particularly in construction disputes where the stakes are high and contractual outcomes are on the line. Be strategic in all communications - 𝐋𝐨𝐨𝐬𝐞 𝐋𝐢𝐩𝐬 𝐫𝐞𝐚𝐥𝐥𝐲 𝐜𝐚𝐧 𝐒𝐢𝐧𝐤 𝐒𝐡𝐢𝐩𝐬. Read more in the latest Casewatch release here: https://lnkd.in/gb35YjBV Access the full Casewatch release archives here: https://lnkd.in/dp8bWtCV #ConstructionLaw #LegalInsights #Casewatch #DoylesConstructionLawyers #Doyles #ConstructionLawyers #ConstructionLaw #Sydney #Brisbane #Melbourne #Perth #Law #Legal #Australia #ConstructionLegalNews #SettlementNegotiations #WithoutPrejudice

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PPSA Case from the NZCA: Equitable Liens & PPSA Security Interests Francis and Dalton (as liquidators of Podular Housing Systems Ltd (in liq)) v Gross [2024] NZCA 528 was handed down earlier today, and contains some very interesting discussion of equitable liens and their interactions with the PPSA (NZ). The case arose out of contracts entered by Podular Housing to construct and install ‘pods’ for residential occupation. Podular had granted two properly perfected security interests in all its present and after-acquired property. When it became insolvent, there were 18 partly-completed pods where construction had commenced, but not yet been completed. The purchasers sought to claim a property interest in those pods, with priority over the secured parties, and also over Podular’s priority creditors (its unpaid employees and the Commissioner for Inland Revenue). The first argument was that title had passed to the purchasers. This was rejected on the basis that the contracts were for works and materials rather than for goods, and that their terms did not operate to pass title to the purchasers prior to full payment being made. The second argument, and the main focus of the case, was that the purchasers held equitable liens over the pods. Overturning the judgment at first instance, the NZCA held that no such equitable liens arise in such circumstances. Their reasons included that (1) such liens would risk conferring unjustified benefits upon the purchasers in insolvency; (2) purchasers in such circumstance can protecting themselves by acquiring security interest; and (3) such liens would create problems in the context of the statutory frameworks in which they would operate. The NZCA also held that, if such equitable liens did exist, they would not have had priority over the security interests. This was because, it held, the PPSA security interest must be legal in nature. I argued to the contrary in my 2021 UNSWLJ article, which was considered by the NZCA, although it ultimately disagreed with my points. Perhaps unsurprisingly, I remain of the view that there are convincing reasons why the security interest need not necessarily be a legal interest, and have some criticisms of the reasoning to the contrary in this case. This remains an open question in Australian law – but further analysis will have to wait for another day! [The image shows a rendering of a pod house. I have taken it from Pinterest where, although it's hard to tell from that website, it looks as if it was uploaded by the company in question in this case.]

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What are the benefits of using AusLaw? With AusLaw, you can do these and more 👇 💬 Send Immediate Enquiries. No more calling around or sending endless emails. Once you find who you need, you can send them a message right away. 🔎 Use As A Free Search Tool. Easily find the service you need. You can also filter by where, when, and how much it costs. 👁️ Get discovered by new clients. Show up in search results so new clients can find you. Try it free for 3 months! 📅 Sync Your Calendar. Connect your calendar to show when you're available, making it easy to book appointments. Don’t just take our word for it – experience the AusLaw Concierge difference yourself. 🖥️ web.auslawconcierge.com.au 📲 https://lnkd.in/ehv5WnVN

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🔒 Cybersecurity: Practical Guide for Compliance 🔒 In today's digital age, cybersecurity is a critical concern for businesses of all sizes and industries. With cybercrime causing an astounding $8 trillion in annual financial losses globally, the importance of robust cybersecurity measures cannot be overstated. Our latest post provides a comprehensive yet practical guide to help businesses navigate the complex world of cybersecurity. From understanding the threats to implementing effective protection strategies and complying with local regulations, this guide is designed to empower your organisation to stay secure. Don't let cyber threats jeopardise your success! Whether you're just starting your cybersecurity journey or looking to enhance your current practices, our team is here to assist. We specialise in legal and cybersecurity expertise to ensure your business is well-protected and compliant. Post by León Lanis https://lnkd.in/eR_j4fFe

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The Federal Court of Australia has published a new Practice Note, this notice provides background to the Next Generation Initiative Practice Note (GPN-NGI) published on 30 October 2024. The Next Generation Initiative Practice Note details the Court's desire to encourage practitioners and their clients to consider when and how junior counsel could receive further opportunities to develop and hone their advocacy skills. Read the full notice here: https://lnkd.in/gE_hYHFT #fca #noticetotheprofession #practicenote #auslaw

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