June An update on the recognition and enforcement of foreign arbitral awards in Australia - Doug Jones and Nicholas Lazarou examine some recent Australian decisions on recognising and enforcing foreign awards. Are you ready for the new Cartel Act? - The Trade Practices Amendment (Cartel Conduct and Other Measures) Act has been passed, introducing significant changes to Australian trade practices law - are you ready for the new criminal regime? ASIC loosens fundraising controls - ASIC's reforms to loosen fundraising controls, announced on 18 June 2009, address a number of restrictions that have hindered legitimate fundraising methods for a number of years. Can mediators keep a secret? Sometimes, yes and sometimes, no - What happens in mediation stays in mediation - right? Perhaps not, as Paul Jammy explains. Clayton Utz advises on ground-breaking Takeovers Panel application - Clayton Utz' M&A team has successfully represented Hong Kong based Noble Group in its acquisition of control of Gloucester Coal which followed ground-breaking proceedings before the Takeovers Panel that resulted in a declaration of unacceptable circumstances in relation to the affairs of Gloucester Coal. Clayton Utz lawyer warns Queensland businesses to prepare for new residential tenancy laws - Clayton Utz Real Estate senior associate Paula Noble has warned Queensland businesses with property interests that they could be significantly impacted by the new Residential Tenancies and Rooming Accommodation Act 2008 (Qld) which comes into effect on 1 July. Clayton Utz named Best Australian Law Firm at International Legal Summit - Clayton Utz has been named Best Australian Law Firm of the Year at the 2009 International Legal Alliance (ILA) Summit and Awards held in Paris, France on 18 June 2009. Clayton Utz partner appointed to Advisory Council - Clayton Utz partner Robyn Baker has been appointed to the Australian government's Australian Research Council (ARC) Advisory Council. Clayton Utz partner named in global list of leading antitrust experts - Clayton Utz Competition partner and Board Chair Linda Evans has been named one of the world's leading women in antitrust (competition) law for 2009 by the publication Global Competition Review. Clayton Utz scholarship launches another talented Queensland artist - The LAUNCH: Clayton Utz Travelling Arts Scholarship has helped launch yet another promising Queensland artist into the next stage of their career. Clayton Utz sleeps out for charity - Clayton Utz representatives braved the cold and rain to help raise awareness of the plight of Australia's homeless as part of the annual St Vincent de Paul CEO Sleepout held on 18 June. Do race clubs compete? - Are racing clubs competitors? And what does that mean for their ordinary activities? Linda Evans and Lyndall Stoyles outline how the regulations affecting racing and the Trade Practices Act can interact. Emissions trading: Government releases details of EITE Assistance Program - On 19 June 2009, the Federal Government released important details in draft regulations of how the emissions-intensive trade-exposed (EITE) assistance program will work in practice. Filling the spaces: Negotiating tenant-friendly leases in troubled times - Increasing commercial office vacancy rates can present a great opportunity not only to tenants, but to canny landlords, say Nikki Robinson and Laura Duesbury. For Sale: New South Wales Crown Land - The NSW Government's mini-budget last year signalled the sale of Crown land to raise revenue. Those wanting to take advantage should however understand there are some special extra steps in the sale of Crown land, as Tom Nguyen shows. Further changes to unfair contract terms reform - and Vic reforms now law - The Federal Government has announced some important exclusions to its draft provisions on unfair contract terms in response to stakeholder feedback, and Victoria's new unfair contract bill is now law. Incumbent contractors: levelling the playing field - It's hard being the new kid in school - or the new contractor in a tender process. Incumbent contractors often have the edge in a re-tender, but as Steven Power shows, there are ways to level the playing field and ensure everyone gets a chance. Innovation and design risk in construction projects - Most builders' risk policies specifically exclude insurers' liability for loss caused by "defective or faulty design". Will Australian courts be encouraged to reconsider the "defective or faulty design" exclusion after a recent Canadian decision, ask Dan Thompson and Brooke Coghlan. Islamic finance: An introduction - Islamic finance is one of the most dynamic sectors of the global financial industry, but how does it differ from other better-known forms of finance? In the first of a series of articles, Ben Sandstad and Hagbarth Strom set out the main principles underlying Islamic finance. Managed funds - Amending a fund's constitution in the current economic climate - Some responsible entities may decide to alter their funds' constitution to suspend redemption requests. As Klay Brown explains, this can be done, but REs need to ensure they are aware of the correct process and procedure involved when making these amendments. Mature dispute resolution processes - Ripe for the picking? - In the second part of our series on dispute resolution trends and options, Clare Mulholland and Louise O'Reilly consider the current landscape for mature dispute resolution in Australia and the effectiveness of the traditional processes of litigation and arbitration. National Consumer Credit Protection legislative package introduced - The National Consumer Credit Protection legislative package, which transfers responsibility for regulation of consumer credit to the Commonwealth, was introduced into Parliament today. Personal Property Securities Reform Update - New South Wales is the first State to pass the necessary referral legislation in order for the Commonwealth Government to pass its proposed personal property securities law. Profile - Nick Poole - Nick Poole has joined Clayton Utz as a partner in our Restructuring and Insolvency team. Queensland developers, mining companies, banks, real estate agents - be prepared for the new laws! - Queensland's new Residential Tenancies and Rooming Accommodation Act 2008 will have a significant impact upon various players in the property industry, including developers, mining companies and banks. Race fields are still odds-on in the copyright game - Nobody can copy your race fields or sporting fixtures without your permission – right? Richard Hoad and Chris McLeod look at a recent decision which should have sporting organisations re-examining their licensing of factual compilations such as race fields and fixtures. Salvage arbitration - When a ship is salvaged, the amount of the salvage reward may be the subject of arbitration. Michael Underdown shows how this works in practice. Something old… something new: the Sustainable Planning Bill 2009 - The Sustainable Planning Bill was introduced in to the Queensland Parliament on Friday. If passed, the Bill will introduce a more timely and streamlined land use planning and development framework. Stamp duty changes in New South Wales - The State Revenue Legislation Further Amendment Bill 2009 (NSW) was tabled in Parliament last night. Once passed it will have a significant impact on secured lending and dealings in units and shares in landowning companies and trusts. Termination payments for directors and executives: into the unknown - The proposed changes to the law governing directors' and executives' termination payments will, if enacted in their current form, have significant effects on companies and their shareholders. Termination payments: good news, bad news - The Federal Government has introduced its bill to require shareholder approval for directors' and executives' termination payments that are more than one year's base salary. The greening of Gershon - The Australian Government's information and communications technology procurement and use will need to become ecologically sustainable following the Gershon report's recommendation. The what and why of road availability charges - Tight credit markets have sparked an interest in Australia in the use of "availability payments" as a tool for attracting private finance to the construction and maintenance of new roads. Stuart Cosgriff looks at their main features. Thrills, spills and litigation: Are Development Applications a TPA-free zone? - Are you liable to claims from the neighbours when you lodge a Development Application? A recent court decision might give some comfort, as Peter Briggs, Darren Bick and Rachel Roberts explain. Tourism development in the natural estate - Should national parks be open for tourism? TTF Managing Director Christopher Brown is among those who say they should be more accessible, allowing more members of the public to experience nature and enjoy the view. Treasury acts on disclosure of equity derivatives - The Federal Government has formally begun the process of deciding whether equity derivatives should be subject to greater public disclosure, with the release of a new Treasury issues paper. Unfair contract terms legislation to exclude business contracts, enforcement and remedies expanded - The Trade Practices Amendment (Australian Consumer Law) Bill 2009, which will enact unfair contract terms provisions into Australian Federal law, was introduced into Parliament today. Vegetation Moratorium Extended and Great Barrier Reef Protection Bill introduced - Queensland's Vegetation Regrowth Clearing Moratorium has now been extended to 7 October 2009, giving the Government time to consult with stakeholders on vegetation clearing laws in Queensland. Vic Appeal Court confirms builder's right to claim a quantum meruit where owner repudiates contract - An owner repudiates its contract with the builder. What can the builder do now? Leah Ratcliff and Mat Stulic look at quantum meruit. When managed investment funds are not "investors" for the purpose of seeking protection under BITs - Bilateral investment treaties might not protect all investments, warns Björn Gehle. 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.