- Corruption and bribery
- Regulatory actions
- Litigation risk reviews
- International law
- Corporations and human rights
- Class actions – Australia and international
- Climate change
Corruption and bribery
- Advising Dyno Nobel, Newcrest, Mitsubishi, Orica and others on establishing companywide compliance programs to prevent bribery, corruption or otherwise improperly influence public officials. This has included reviewing Australian law and mirror legislation in other jurisdictions, reviewing company policies, establishing procedures for dealings with public officials, training staff and monitoring and reporting on compliance.
- Advising Macquarie Bank on corruption and bribery compliance programs (including policy review, development and implementation, and staff training) and assessing the foreign corrupt practices implications for various proposed transactions.
- Advising Alumina on litigation brought in the US under the Foreign Corrupt Practices and RICO (Racketeer Influenced and Corrupt Organizations) Acts, as well as undertaking internal company inquiries regarding allegations concerning corruption and bribery.
Regulatory actions
- Acting for AWB in proceedings emanating from the Task Force established by the Australian Government following the Cole Inquiry into AWB’s involvement in the UN Oil-for-Food Program.
- Advising Alumina on its potential exposure resulting from US Department of Justice investigations into allegations of bribery and corruption made against their joint venture partner, Alcoa.
- Acting for Amcor in relation to various actions arising from its involvement in alleged cartel conduct with Visy, including a class action by Australian purchasers of corrugated packaging products seeking damages (which may exceed $300 million) for loss allegedly caused by that conduct, a separate action by Cadbury Schweppes and associated ACCC proceedings against Visy arising from that conduct.
Litigation risk reviews
- Undertaking extensive audits for major international mining clients for business operations in Asia and the Pacific, examining the litigation risk associated with human rights violations, community engagement and consultation, and environmental and labour standards. This includes extensive internal document reviews, witness interviews and reviewing all published business standards and relevant media releases.
- Advising a major entity in the front-end engineering and design stage of the PNG Gas Project, including advising on community landowner issues.
- Advising Ok Tedi Mining on the implementation of community mine continuation agreements covering in excess of 50,000 Western Province indigenous landowners.
International law
- Advising Chevron, AB Mauri and other clients on international law and standards relevant to various operations in the PRC, particularly in relation to resettlement and labour issues.
- Advising Rio Tinto on legal standards that attach to free, prior and informed consent.
- Advising on proceedings commenced under the US Alien Tort Claims Act, which gives US courts jurisdiction to hear complaints brought by non-US citizens for certain breaches of international law.
Corporations and human rights
- Advising Xstrata on litigation by an alleged victim of lead poisoning at Mt Isa, including advising on the very real prospect that further actions will be commenced, including potential class actions.
- Advising Barrick on its participation in a government-initiated committee to consider allegations of human rights abuses by police and security forces at a PNG gold mine, as well as advising on potential exposure in other jurisdictions such as the US and Canada.
- Assisting the United Nations with research for a report released in 2008 that provides an international framework for action on the role of corporations in respect of human rights. We have also provided the UN with research on domestic legal frameworks affecting corporations in the Asia Pacific. We remain in close contact with the UN’s legal policy development in this area, including by presenting at UN seminars on the application of human rights laws to corporate activity.
- Advising Rio Tinto on US proceedings in connection with South African operations during apartheid.
- Advising GSL, as operator of private prison facilities, on its obligations under the Victorian Charter of Human Rights, as well as providing training and advice to various Victorian Government departments, instrumentalities and local councils on the Charter’s impact on them.
Class actions – Australia and international
- Acting for Ok Tedi Mining and BHP Billiton in class action proceedings pursued in Australia and PNG in relation to environmental damage at the OK Tedi Mine.
- Acting for Rio Tinto in class action proceedings in the US Federal District Court brought on behalf of Bougainville citizens alleging breaches by Rio Tinto of the US Alien Tort Claims Act regarding the development and operation of the Panguna mine on Bougainville (PNG).
- Acting for AWB in relation to various class actions, including:
- proceedings in the Federal Court of Australia, commenced by shareholders alleging breaches by AWB of the ASX’s continuous disclosure rules;
- proceedings in the US Federal District Court brought on behalf of certain Iraqi citizens alleging breaches by AWB of the US Federal RICO (Racketeer Influenced and Corrupt Organizations) statute; and
- anti-trust and RICO proceedings in the US Federal District Court brought against AWB by US wheat farmers.
- Advising Ridley Corporation on various Canadian class actions concerning ‘mad cow disease’ brought by affected cattle farmers for the recovery of alleged pure economic loss (estimated to be CA$10 billion).
- Acting for Pasminco, the world’s largest lead and zinc producer, to dismiss class actions brought by more than 1000 plaintiffs alleging that smelter emissions in NSW and South Australia led to health problems among residents of nearby towns.
Climate change
- Provided a comprehensive advice to one of Australia’s major greenhouse
gas emitters, on the legal and reputational risks posed to its operations as
a result of its emissions, including:
- reviewing existing and proposed regulatory regimes;
- analysing litigation risk, including the potential for shareholder class actions, claims for breach of director’s duties, tortious litigation (ie negligence or nuisance), or litigation commenced by regulatory agencies and third party litigation against government agencies or other parties;
- analysing the impact of identified risks on commercial operations and government relations; and
- making recommendations aimed at minimising the identified legal risks.
- Acted for the Isaac Plains Coal Mine to successfully resist an objection by a conservation group on the basis of greenhouse gas emissions. This groundbreaking case considered the scope of the Federal Environment Minister’s decision-making authority.
- Successfully represented Xstrata in high-profile litigation before the Queensland Land and Resources Tribunal involving the climate change impact of a proposed expansion of the Newlands Coal Mine, addressing issues such as liquidity in carbon trading markets and whether approvals should consider emissions produced elsewhere from the ultimate burning of the mined coal.
- Advising the Monash Energy Project on the commercialisation of coal-to-gas-to-liquid technology to produce low-emission diesel fuel and electricity from brown coal, including proposed regulatory arrangements relating to carbon capture and storage (geosequestration) in offshore geological structures.
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