The Senate Economics Committee’s Report into ASIC’s performance is an interesting read. It opens by calling ASIC a ‘timid, hesitant regulator, too ready and willing to accept uncritically the assurances of a large institution.’ And continues in a similar vein for almost 500 pages. ASIC says it does the best it can in the circumstances.

At the end of 2013, the Federal Minister for Health announced a panel review into Australia’s Personally Controlled Electronic Health Record (PCEHR) system to consider implementation and uptake issues.

The Victorian Government has recently published guidelines that frame how it will assess unsolicited proposals for infrastructure projects pitched to it by the private sector.

The New South Wales Government’s long-term transport plan has taken a giant step forward with the financial close of the operations contract on the North West Rail Link – Australia’s biggest public transport project. Allens partner Phillip Cornwell and Senior Associate Scott McCoy, who worked on the transaction, reflect on the drivers to bring such a significant project together and, in turn, set the groundwork for a major transformation of Sydney’s public transport system.

In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc, the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court (LEC) to refuse approval for the expansion of the Warkworth Mine near Bulga, NSW.

The World Bank has released its Benchmarking Public Procurement 2016 report, which provides comparable data on regulatory environments that affect the ability of private companies to do business with governments in 77 economies. Allens Partner Leighton O’Brien and Linklaters Counsel Julia Voskoboinikova were among the contributors to the report.

Allens Senior Energy & Resources Counsel David Maloney provides an overview of the current energy mix in Australia, and the place in the market of different energy sources.

In this article Allens Senior Energy & Resources Counsel David Maloney reviews existing Australian petroleum and mining legislation relating to the regulation of unconventional oil and gas; examines some of the recent policy responses in relation to coal seam gas developments in agricultural lands, the use of hydraulic fracturing and their impact on water resources; and identifies some of the reasons why law reform is required.

Allens Partners Paul Kenny and Tim Stewart hosted a roundtable with the NSW Treasurer Gladys Berejiklian in Sydney involving fund managers and financiers to talk about how the private and public sector can work together to deliver on NSW’s ambitious infrastructure programme.

Globalisation has created significant benefits for consumers by making products cheaper to purchase. It has allowed consumers to access food that is out of season from halfway across the globe, or regularly update the model of their phone. However, the long and complex supply chains that facilitate these outcomes are unpredictable and difficult to control.

Allens Partner and Head of the Government Sector, Paul Kenny, conducts a roundtable discussion with the treasurer of Western Australia, Mike Nahan on post mining-boom investment opportunities in infrastructure.

After more than three years of inertia, the Australian renewable energy industry is finally showing signs of a resurgence. A series of reviews of the Renewable Energy Target since 2012, and the abolition of the carbon tax in 2014, created a climate of uncertainty that meant investment in new large-scale renewable generation slowed dramatically.

Allens Partners Philip Cornwell, Michael Ryan and Ben Farnsworth were part of the global panel analysing the project finance market, including key economies, regional analysis and PPPs. In Getting the Deal Through’s second annual issue focusing on the global project finance markets, Philip, Michael and Ben analysed the evolving legal and regulatory landscape in Australia.

The Federal Government’s plan to maximise the potential of Australian cities – as envisaged in its Smart Cities Plan – hinges on alternative funding models for new infrastructure based on monetising the value capture created by that infrastructure. Allens Partner Paul Kenny and Consultant Phillip Cornwell look at what this will mean for traditional project finance.

The consequences of supplying to consumers in Australia goods containing a safety defect are significant. Local manufacturers and suppliers face heightened product liability risks where their products have a substantial global supply chain component, with the added challenges of limited visibility over that supply chain and lower product quality procedures and standards.

At the same time as more international issuers appear to be looking at international programme formats for their Australian dollar issuance, so Australian borrowers are contemplating the use of EMTN programmes even for their domestic currency issuance.

A healthy pipeline of Australian infrastructure projects has created a certain level of competition for project funds.

A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities.

Fund financing facilities have continued to flourish in Australia, providing sponsors, general partners and trustees with additional funding flexibility and liquidity.

There are significant commercial benefits in executing documents electronically, and Allens has adopted e-signature (using DocuSign) as a service to clients. Allens Senior Finance Counsel, Diccon Loxton, has written an article in two parts that examines the efficacy of e-signatures, and concludes that they are effective, including under s127 of the Corporations Act 2001 and (in various circumstances) deeds.