The Bulletin - Law Society of South Australia - March 2020 edition

Page 4

FROM THE EDITOR

So many opportunities to explore in space MICHAEL ESPOSITO, EDITOR

F

or an apparently niche topic, space law is certainly generating a fair bit of interest in the profession. So much so that this is one of the few times that we have decided to split the topic over two editions because there just isn’t enough, ahem, space, to fit all the articles we have received in just one publication. So we have launched our special space law edition in March, and will be returning to this fascinating topic in April. No doubt the excitement around this area of law has been turbocharged by the establishment of a Space Agency in Adelaide. South Australia is officially Australia’s space state and the opportunities to be part of this industry are innumerable. At a recent space forum held at University of Adelaide, Flavia Tata Nardini, CEO of the start-up success story Space Fleet Technologies, recalled that she was told she was crazy for trying to establish a tech start-up in Adelaide rather than going to Silicon Valley. Largely due to the fact that she moved here for love and her partner would never dream of leaving Adelaide, she remained in Adelaide and her enterprise has bucked conventional wisdom and is thriving, demonstrating the potential that South Australia has to become world

leader in innovation and technological development. The panellists remarked that, while traditionally the domain of mathematicians and engineers, the space industry has opened up to numerous other sectors and will continue to require more and more people from more and more industries, from accountants, to doctors, data analysts, to chefs, to furniture makers, and of course, lawyers. As humans increase their presence in space, lawyers will have a bigger role to play in managing contract negotiations, resolving disputes, patenting intellectual property, advising on the rules of spacebased conflict, analysing the implications of data collection, ensuring spacecraft launches comply with regulations, and much more. We may even see the day when lawyers are responsible for writing the rules that will govern a new interstellar settlement. There is so much to learn about this industry, and we have assembled some of the brightest minds in South Australia and Australia to explore the current, emerging and future issues in the area of space law and hopefully highlight some of the opportunities that are out there for lawyers. I hope you have a blast reading this special edition. B

IN THIS ISSUE

18

SPACE MINING Opportunities & legal uncertainties

26

SECURITY OF PAYMENT ACT Considering the scope of the mining exclusion

SOCIETY ESTABLISHES SPACE LAW COMMITTEE

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he Society will establish Space Law Committee, following adoption of terms of reference for the Committee by the Council of the Society at its March meeting. The Society is now seeking expressions of interest to join the Committee, which will assist in representing the Society’s views on legal matters relating to the space industry, informing the profession about relevant matters in this area via the provision

4 THE BULLETIN March 2020

of articles in the Bulletin and other publications, providing recommendations with regards to CPD sessions (including developing a hypothetical case study workshop), identifying work opportunities for the profession in this area, and assisting with the development of submissions in the area of space law. Expressions of interest by Members in joining the committee can be sent to the Chief Executive at eoi@lawsocietysa.asn.au

29

LANDMARK DECISION The High Court confirms that alien powers do not apply to Aboriginal Australians


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Articles inside

The execution of Charles Patrick Joseph O’Leary – By Dr Auke ‘JJ’ Steensma

10min
pages 42-43

Gazing in the Gazette

6min
pages 45-48

Family Law Case Notes By Rob Glade-Wright

7min
pages 40-41

Wellbeing & Resilience: The desire to be resilient is infectious

3min
page 39

Risk Watch: Proper use of the Inactive Case List can save time, money & claims – By Grant Feary

10min
pages 35-38

Tax Files: Residence issues for Trust Estates with Foreign Corporate Trustees – By John Tucker

9min
pages 32-34

High Court judgment puts Aboriginal Australians beyond “Alien” powers By Matthew Rismondo

4min
page 29

Mann v Paterson Constructions Pty Ltd: The end of the rescission fallacy By Travis Shueard & Seamus Brand

9min
pages 30-31

Oral Histories profi le: Morry Bailes By Lindy McNamara

8min
pages 24-25

Society outlines key asks in State Budget submission

3min
page 21

Commercial space law: launch and operation of spacecraft By Donna Lawler

9min
pages 22-23

The Security of Payment Act: considering the cope of the mining exclusion

10min
pages 26-28

Space mining: Commercial opportunities & legal uncertainties By Dr Matthew Stubbs

11min
pages 18-20

Shaya to ride 500km for charity

1min
page 13

Australia’s Essential Contribution to space domain awareness By Duncan Blake

12min
pages 14-16

The crucial role that lawyers will play in the space industry – By John Caruso

9min
pages 6-8

Event wrap-up: Happy New (Legal) Year event

2min
page 17

President’s Message

3min
page 5

ANGELS project creates one stop shop for space laws – By Alice Osborne

4min
page 9

From the Editor

3min
page 4

International space law and military uses of space Professor Melissa De Zwart

11min
pages 10-12
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