April

A journey in change management: Housing NSW's New Maintenance Services Contract - Housing NSW's Maintenance Reform Program aims to fundamentally change the way maintenance services are delivered, and the Maintenance Services Contract is a key element. Jo Teagle explains what's new in this model.
A step closer to uniform privacy laws? - The Commonwealth Office of the Privacy Commissioner has set out its views on how best to harmonise State and Territory privacy laws with Federal legislation. Alison Tibell looks at the main proposals.
Are there limits to NSW councils' ability to compulsorily acquire land? - The High Court has confirmed in Fazzolari Pty Limited v Parramatta City Council that NSW councils cannot compulsorily acquire land under the Local Government Act 1993 when it's earmarked for re-sale.
Australia - time for a new debate on PPPs - Since their debut in Australia, Public Private Partnerships have been the subject of heated debate - and plenty of criticism.
Brisbane lawyer strengthens ties with Japanese business community -
Brisbane, 8 April 2009: Clayton Utz partner Hiroyuki Kano has been elected President of the Japan Chamber of Commerce and Industry, Brisbane (JCCIB), reflecting his standing in the Australia-Japan business community.
Cabinet documents and FOI: The Full Federal Court decides - Cabinet documents are exempted from FOI requests - but what are they? And how do you prove it? The Full Federal Court's decision in Fisse offers some (but not all) of the answers to the cabinet document exemption as it currently exists, as Avinesh Chand and Alice Linacre explain.
Cartel confessions: the gift that keeps on giving? - Michael Corrigan and Michelle Schonstein explain why the decision in ACCC v Cadbury Schweppes doesn't mean parties should not take advantage of the ACCC's cartel leniency policy.
Clayton Utz advises on sale of Roaring 40s Asian assets -
Melbourne, 27 April 2009: Clayton Utz has advised leading renewable energy business and long-standing client Hydro Tasmania on the strategic sale of its Roaring 40s* China wind farm portfolio to its joint venture partner China Light and Power (CLP).
Copyright in compilations under the spotlight in High Court -
In a decision with important implications for compilations of information, such as databases, the High Court today held that an electronic program guide, which reproduced program titles and broadcast times from programming schedules created by TV networks did not infringe copyright (IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14).
Draft National Consumer Credit reforms released -
Senator the Hon Nick Sherry, Minister for Superannuation and Corporate Law has released the draft National Consumer Credit Reform legislative package for public exposure.
Failing firms in the global credit crisis: Is the ACCC's attitude any different? - A recent decision by the ACCC shows it will sometimes be receptive to "failing firm" arguments in merger matters, but only where all other avenues have been exhausted, as David Ball and Michael Corrigan explain.
False nappy biodegradability claims: company director liable - The ACCC is paying serious attention to green claims, as Kirsten Webb and Madeleine Kearney explain.
FYI - FOI and privacy case notes - Avinesh Chand rounds up the latest in FOI.
Health claims and food products: A new chapter in the P293 saga - Health claims for food products are back on the agenda, says Madeleine Kearney, and this time the proposals are more stringent.
Juice and coke do not mix: Chinese Ministry blocks Coca-Cola's Chinese juice acquisition - A recent decision by the Chinese Ministry of Commerce illustrates that competition regulation of mergers and acquisitions is now an important consideration for international firms seeking to invest in China, explain David Ball and Michael Corrigan.
Myth busting: Things go better with Coke - Being well-intentioned when making claims doesn't mean you can't fall foul of the Trade Practices Act, as Madeleine Kearney warns.
National Waste Policy consultation paper released -
On Tuesday, Federal Environment Minister Peter Garrett released a consultation paper regarding A National Waste Policy: Managing Waste to 2020 for public review and comment. This is Australia's first national waste policy since 1992.
Opposing the proposed changes to the Australian Consumer Law - Larissa Cook looks at the pitfalls in Australia's proposed harmonisation of consumer protection laws.
Parliamentary committee recommends whistleblower legislation - Michael Palfrey and James Stellios look at what protections might be extended to whistleblowers.
Patents worth the trouble when entrepreneurship at stake -
Sydney, 22 April 2009: Software company Uniloc's US$388 million victory in its long-running patent infringement dispute with Microsoft is a win for the patent system and should encourage patent holders who are prepared to go all the way to protect their rights, according to Clayton Utz intellectual property partner Jim FitzSimons.
Power and the passion: Garrett releases National Waste Policy Paper - The Australian Government is proposing a new waste management policy that has significant potential to impact upon manufacturing particularly of electrical products and hazardous waste. Peter Briggs and Claire Smith look at what could be in store.
Privacy v freedom of information: inherently incompatible? - Promoting open and transparent government can sometimes conflict with the protection of an individual's privacy. Jan Cumming discusses a recent New Zealand case which offers some guidance on resolving the conflict.
Profile - Jo Teagle - Jo Teagle has recently been appointed Special Counsel in the Melbourne Construction and Major Projects team.
Restoring trust and integrity - What the FOI reforms will mean for Federal Government agencies - Caroline Bush and Avinesh Chand outline the basic elements of five of the key reforms proposed in the Federal Government's draft FOI reform package.
Selling online games without classification: Will enforcement agencies continue to turn a blind eye? - Do online games need classification? Surprisingly, there is some uncertainty on this. Gina Elliott and Danielle Briers look at the current situation, and how this affects distributors, retailers and advertisers.
Shareholders get to inspect Directors and Officers' liability insurance policies - A court has ordered a company to allow a shareholder to inspect its D&O policies. Inspection was to help the shareholder decide whether it was worthwhile suing the company's directors. This does not mean that all D&O policies are now available for inspection by all shareholders, but it does represent a significant intrusion into the confidentiality of D&O arrangements
Solvency clauses, term subordinated notes, and debt/equity tax rules -
The Federal Government has released exposure draft regulations that would allow certain term subordinated notes to be treated as debt under the debt/equity tax rules, despite the presence of a solvency clause. While the clauses are commonly found in Lower Tier 2 term subordinated notes issued by Authorised Deposit-Taking Institutions, the regulation will apply to all issuers.
Statutory protection of rights: lessons from the common law - John Carroll and James Stellios discuss the way that courts deal with rights issues in legislation, and how any future Commonwealth human rights charter will affect this.
The ALRC review of Royal Commissions: Is reform on the horizon? - Philip Harrison asks whether the ALRC review into Royal Commissions could lead to a quicker, more flexible for of inquiry.
The greening of Gershon - Australian Government ICT procurement and use will need to become ecologically sustainable following the Gershon report's recommendation. Alexandra Wedutenko and Lisa Keeling see what this could mean for agencies.
The Productivity Commission to inquire into the Australian anti-dumping and countervailing system - What's right - and what's wrong - with Australia's anti-dumping and countervailing system? A new inquiry might have some answers, say Jocelyn Kellam and Stuart Clark.
What's covered, and what's excluded? Contracts of reinsurance and section 18B -
The NSW Supreme Court has confirmed that contracts of reinsurance are subject to the beneficial operation of section 18B of the NSW Insurance Act 1902 - and that exclusions and limitations have a precise meaning separate to the scope of cover (Westport Insurance Corporation v Gordian Runoff Limited [2009] NSWSC 245)

Disclaimer

Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.