Is a site audit statement worth the ‘paper’ it is written on?

In many transactions, site audit statements have become de facto certificates that a condition precedent or condition subsequent in an agreement has been satisfied (or not). Multiple parties often rely on a site audit statement, such as vendors, purchasers, financiers, directors and decision makers within a company. However, are these parties entitled to rely on…

Environmental Management Systems: what boards can learn from the Banking Royal Commission

In Australia, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has exposed remarkable failures in risk management, compliance and culture that have claimed the careers of a number of senior managers and directors and seen the threat of litigation. The underlying issues are not unique to the world of finance.…

NSW Crown land reforms have commenced – what do local councils need to know?

The majority of the Crown Land Management Act 2016 (NSW) (the Act) commenced on 1 July 2018. The Act significantly reforms the use and management of Crown land in NSW. . The Act consolidates eight pieces of legislation into one Act, repealing the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989, the Western Lands Act 1901 and certain other legislation.…