Webinar | Navigating the infrastructure landscape for effective major project negotiations
Most significant publicly funded developments for major infrastructure – roads, rail, ports, tunnels and the like – intersect with other core infrastructure, such as utilities – gas, water, electricity – which may be highly regulated but are usually privately owned. Negotiating the rights, obligations and risks of the respective parties is delicate and difficult, complicated […]
ReadmoreWebinar | Climbing ladders, avoiding snakes and using your own dice – internal investigations
Project failure, misconduct and probity, amongst a much longer list, are all potential catalysts for the now ubiquitous “internal investigation”, a process which of itself should ring warning bells in any organization for both investigator and subject. This practical session will offer guidance for public entities conducting internal investigations, including on framing issues, progression through […]
ReadmoreWebinar | Misleading regulatory guidance – can (or must) I rely on what you tell me?
We live in the age of statutes. The increasing volume and complexity of rules makes compliance challenging. Governments frequently offer guidance to help citizens understand their obligations and to aid fair administration, particularly as policies change. What happens when governments get it wrong? You can view the full session here: Misleading regulatory guidance – can […]
ReadmoreWebinar | Public sector whistle blowing: vaccine or epidemic?
Public sector whistleblowing and associated corruption complaints are the new normal, exposing both criminal behaviour and petty grievances to the jurisdiction of anti-corruption bodies with extraordinary powers. This session provides a practical road map for anti-corruption investigations from inception to conclusion, including necessary actions following a complaint, assessment of complaints, investigative powers, what constitutes a […]
ReadmoreWebinar | The Butterfly Effect – insolvency, class actions and government
Challenging economic times inevitably lead to increased litigation, from which government is not immune whether in the enforcement of powers or contracts or in the defence of ambit claims. This session examines recent changes in the current environment, exacerbated by COVID-19 challenges to the content of laws and the practical administration of justice and the […]
ReadmoreWebinar | Anatomy of an ICT project
This hypothetical case study, grounded in deep experience with public entities Australia-wide, will highlight common risks and pitfalls of critical ICT projects in the public sector. These expensive and vital projects all too frequently fail to deliver key outcomes and expose participants to extraordinary risk. This session will address the optimal framing of a public […]
ReadmoreWebinar | Picking winners – state support for target businesses
Targeted government support for industry development, such as start-ups and investment attraction hubs, is part of a new age of economic intervention in an increasingly competitive world. But governments have traditionally struggled to understand private sector needs and deliver outcomes aligning social objectives with those needs whilst discharging their public interest obligations. This session will […]
ReadmoreGuidance and government power
Regulatory guidance usually has little legal status, but sometimes legislation mandates it. However, a recent UK Supreme Court decision [1] on ethical investments demonstrates that, when laws and policies are confused and agencies stray outside their lanes, even legislatively supported guidance has limits. The Court ruled that local government pension schemes can divest from or boycott […]
ReadmoreFSR Wrap | July 2020
Gadens has launched a new financial services regulatory update publication to keep the market informed of the latest developments – welcome to FSR Wrap. Gadens has extensive knowledge and expertise across the financial services sector. In the July 2020 edition of FSR Wrap, Edward Martin, Glenn McGowan QC, Dudley Kneller and Gadens’ FSR team focus […]
ReadmoreCOVID-19 | COVIDSafe update: legislation and source code
The Commonwealth Parliament has now passed legislation to regulate the collection and use of COVID app data. In addition, the Commonwealth Digital Transformation Agency has now released the source code for the app, which has allowed independent analysis of how the app operates. This update discusses the legislation and the commentary in relation to the […]
Readmore‘Black Summer’ Royal Commission could redefine Commonwealth, State and local government roles, responsibilities and powers around natural disasters
After close to four months of battling bushfires in New South Wales and Victoria and confronting devastating loss of life, property, livelihood and wildlife, as well as two months of speculation, a Royal Commission arising from the ‘Black Summer’ bushfires has been announced. The Royal Commission into National Natural Disaster Arrangements will, however, inquire more […]
ReadmoreVictorian Government issues funding guidelines for the combustible cladding ‘rescue package’
On 19 December 2019, Cladding Safety Victoria (CSV) issued guidelines on the Victorian Government’s cladding rectification funding program (Program) for the rectification of combustible cladding of residential apartment buildings (Guidelines). Importantly, the Guidelines set out which owners are eligible for the funding, namely that you must be an owners corporation responsible for a residential building […]
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