July

Access to insurance policies: the new battleground -
Recent months have seen three major attempts by plaintiffs to get access to the insurance policies of companies and their directors targeted for litigation, and more are expected.
Back to the future and beyond with Gershon - Sir Peter Gershon's Review of the Australian Government's use of Information and Communications Technology concluded that the current model of weak governance of ICT at a whole-of-government level and very high levels of agency autonomy is costly.
Can the Commonwealth be charged with contempt of court? - Can the Commonwealth be liable for contempt of court, either criminal or civil? John Carroll explains how the administration of an ex gratia payment scheme led to a court case, and the guidance that comes from it.
Carbon capture and storage: Navigating the environmental and heritage assessment process - Claire Smith explains why proponents of carbon capture storage projects should think early about the wide range of environment and heritage assessments and approvals they might have to deal with.
Class actions in Australia: Back to basics - Louisa Travers and Michael Legg give a step-by-step explanation of class actions.
Clayton Utz participates in Climate Change Roundtable - Clayton Utz partner Graeme Dennis recently joined a panel of lawyers for a roundtable discussion on climate change as part of Australia's weekly Boardroom Radio Friday Afternoon Partners Lunch.
Climate Change Think Tank to look at impact on boardrooms - Clayton Utz and The Climate Council Inc. will also be hosting a Climate Change Think Tank in Sydney, “Climate Science & Risk in the Boardroom”.
Co-ordinate! The ICT governance landscape after Gershon - The Gershon review has proposed ways for the Government to strengthen whole-of-government governance arrangements in ICT procurement. What are those changes and what will agencies need to do to get ready? Alexandra Wedutenko and Diana Navarro examine the Gershon recommendations.
CPRS extends NGER Act obligations beyond constitutional corporations - You don't need to report under the current NGER Act, so you can relax, right? Wrong, warn Dr Rachel Baird and Brendan Bateman - you may still have reporting obligations as part of the CPRS.
Directors' trading during a blackout period - While there's no law against directors' trading during a blackout period, it can cause serious problems. Mark Paganin and Matthew Johnson explain where the pitfalls lie and how to avoid them.
Entire agreement clauses - what do they seek to do? Do they work? - Entire agreement clauses are a common feature of commercial contracts - and commonly are an issue in contractual disputes. What do they really do and how reliable are they, ask John Fairbairn and Timothy Webb.
Government lawyers and misfeasance in public office - Are lawyers who appear for the government acting in a public office? Can they be sued for misfeasance? Does it matter if they are private lawyers or in-house? Tigiilagi Eteuati looks for answers in the NSW Court of Appeal's decision in Leerdam v Noori.
High Court clarifies correct test for defamation in business reputation cases - Although many corporations can no longer sue in defamation, that doesn't mean that commenting on business reputations is now a free-for-all. Kym Fraser and Andrew Westcott explain the current state of the law, and what this means.
Informants and statutory requirements of disclosure - James Stellios looks at decision-makers' obligations towards informants whose information assists the administration of statutory schemes.
Is evidence served in earlier proceedings covered by litigation privilege? - You file affidavits in one proceeding. Can you maintain litigation privilege over them in another set of proceedings? Jennifer Ball and David Greenberg look for an answer in two recent cases.
Is the climate right to change your D&O insurance? - Peter Mann and David Gerber explore the new liabilities for directors and officers under the Carbon Pollution Reduction Scheme and ask: is your D&O insurance ready?
It's over! When (and how) can you terminate a contract? - When does the other party's breach of the contract allow you to exit gracefully? Luke Buchanan and Simone Rees explain how the right to terminate a contract arises, and what needs to be kept in mind.
Making the EITE workable: The Government's draft CPRS Regulations - How will the emissions-intensive trade-exposed (EITE) assistance program work in practice?Graeme Dennis and Brendan Batemanexamine the draft regulations which flesh out the scheme established in the Carbon Pollution Reduction Scheme Bill 2009.
Managing legislative instruments: some guidance for agencies from the new Report - Philip Harrison looks at the lessons for Federal Government agencies in the Report into the operation of the Legislative Instruments Act.
Meet our clients - Conrad Black's father should have designed t-shirts, according to our client.
Pulling the greenhouse trigger or pushing the CPRS button? - Will Australian planning law get a greenhouse trigger, requiring federal consideration and approval for certain greenhouse gas-emitting projects? The idea has resurfaced, but as Brendan Bateman shows, it might not fit with the rest of the Federal Government's plans.
Seeing the wood for the trees: A look at recent forestry amendments to the CPRS - There could be more commercial flexibility in dealing with carbon sequestration rights arising from forestry projects following changes to the Carbon Pollution Reduction Scheme Bills, says John Clayton.
Seminar series with Parsons Brinkerhoff - In the coming months, Clayton Utz in conjunction with Parsons Brinkerhoff will be hosting a series of three free seminars in Sydney.
Transferring reporting obligations under the NGER Act made easier - The Federal Government has fixed an anomaly in transferring reporting obligations to a non-corporate group member under the National Greenhouse and Energy Reporting Amendment Bill 2009, as Brendan Bateman explains.
Who gives a Waxman-Markey? - The US Senate could soon pass the Waxman-Markey Bill, with significant ramifications for Australia, says Brendan Bateman, particularly in the international offset market.

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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.