September A closer look at the Victorian Security of Payment legislation - A rare case on the Victorian security of payment laws sheds some light on its operation - and how closely the Victorian courts are following NSW's in their interpretation. Lee Carroll looks at what the court said, and how it affects adjudication application procedures. Challenging the arbitrator - Arbitrators should be independent and impartial, but what if they are not? Björn Gehle discusses the ways of challenging an arbitrator's appointment. Changes to contaminated land law in NSW have commenced: what are your obligations? - Now that the new contaminated land laws are force in NSW, what should you do? Brendan Bateman, John Clayton, and Ana Totoeva discuss the new laws and your obligations. Clayton Utz advises winning bidder on Victorian Desalination Project - Dan Fitts, Marcus Davenport and Naomi Kelly explain how Clayton Utz continues to consolidate its reputation as the legal adviser of choice on Australia's largest and strategically significant infrastructure projects. Clayton Utz capital markets team capitalising on renewed confidence - Renewed confidence in Australia's capital markets is being reflected in strong levels of activity at national law firm Clayton Utz which is advising on a number of Initial Public Offerings, major capital raisings and major share sales that have or will soon come to market. Clayton Utz women lawyers' network gains MOMENTUM - Leading Australian law firm Clayton Utz has formally launched its national women lawyers' network MOMENTUM, underlining the firm's commitment to being an employer of choice for women. COAG pushes for national harmonised planning laws - The Council of Australian Governments meeting in June 2009 produced some significant initiatives in planning reform, as Nick Thomas explains. Directions in affordable housing - Why should the private sector invest in affordable housing? What are the incentives? Gary Best and Kirsten Matthews look at what government is doing to stimulate investment. Dispute resolution boards - prevention is better than a cure - In part three of our series on dispute resolution trends and options, Sergio Capelli and Shaun Gallagher look at the effectiveness of Dispute Resolution Boards. Draft 2010 Building Code of Australia - new energy efficiency provisions - The draft changes to the Building Code of Australia include new energy efficiency provisions which not only promote efficient use of energy, but a wider intent to reduce greenhouse gas emissions. Brendan Bateman, Karen Trainor, Xavier McMahon and Chantal Le Feuvre examine the details. Food for thought: recent changes to Victorian food regulation are good news for business - Sara Dennis and Andrew Morrison explain the changes to Victoria's food laws. Getting ready for new enterprise powers for local governments in Queensland - The Queensland Government's draft Local Government (Beneficial Enterprises and Business Activities) Regulation 2009 appears to simplify the exercise of the enterprise powers by local governments. Government guarantee for RMBS and recognition of importance of securitisation - On 17 September 2009, the Senate Economics References Committee released its report & Government measures to address concerns in the financial sector - The Financial Claims Scheme and The Guarantee Scheme for Large Deposits and Wholesale Funding. Government review of Western Australian resources approvals - the aim for certainty and confidence - The Western Australian Government is considering a new report which recommends important changes to the State's planning and approvals processes for the resources sector, as Brett Cohen, Theresa Le Bas and Mark van Brakel explain. Infrastructure joint ventures as cartels? - Joint venturers need to understand the new cartel laws, warn Michael Corrigan and Lina Fischer, because they affect structuring and managing joint ventures - and breaking the law means severe penalties for companies and management alike. Introduction to Islamic finance - Part II - Ben Sandstad delves deeper into Islamic finance, and explains five basic financing structures: ijara, murabaha, musharaka, mudaraba and istisna'a. Investing in Asia? The ASEAN-Australia-NZ FTA is relevant to you - Lee Carroll delves into some of the detail of the new ASEAN-Australia-New Zealand Free Trade Agreement - what protections does it offer, and how are disputes resolved under it? Modernising Victoria's Planning Act - Reforms to Victoria's planning system are a step closer with the release last week of the Government's responses to stakeholder comment. Sallyanne Everett and Asra Hewitt look at the key proposed changes. More changes to the mandatory renewable energy target scheme - The Federal Government has made further changes to its mandatory renewable energy target scheme, expanding the scope and facilitating the switch from state-based schemes, as Barry Dunphy and Paul Burton explain. New climate risks present fresh challenges for infrastructure industry - Clayton Utz' Owen Hayford says the new risks climate change presents for the infrastructure industry will lead to an evolution in industry practice and contractual risk allocation. New Partner profile: Nikki Robinson - Nikki Robinson has recently been appointed as Partner in the Sydney team. Octaviar appeal - In the Octaviar appeal, the Queensland Court of Appeal unanimously held that, although the liabilities secured had been increased, the charge had simply continued to operate in accordance with its terms and had not been varied. Resolving PPP disputes through arbitration - A recent arbitration on a dispute arising out of a Material Adverse Effect claim by a Australian toll road concessionaire has important ramifications for State, equity and debt participants in economic infrastructure projects delivered using private finance initiatives, as Michael Earwaker explains. Review of anti-siphoning regime announced - On 20 August 2009 the Department of Broadband, Communications and the Digital Economy released a discussion paper for its review of the Australian anti-siphoning regime under the Broadcasting Services Act 1992 (Cth) (Sport on television: A review of the anti-siphoning scheme in the contemporary digital environment. Security of Payment scheme coming to Tasmania - Tasmania is a step closer to having its own security of payment legislation, says Jonathan McTigue. South East Queensland Infrastructure Plan and Program 2009-2026 - Australia's largest infrastructure program, the South East Queensland Infrastructure Plan and Program, has been updated, say David Lester and Chris Keane, with significant implications for the private sector. State planning reforms roll on - but all in the same direction? - Planning laws across the country are being reformed, but are we any closer to a harmonised system? Our Environment and Planning team rounds up the changes underway in each State and Territory. Sustainable Planning Bill 2009 (Qld) - a more streamlined planning system for Queensland? - Queensland's planning laws are set for major reform, say Karen Trainor and Kathryn Pacey. Syndicated lending and cartel offences under the Trade Practices Act - Syndicated lenders might not be aware of how easily their activities could fall under the new cartel criminalisation provisions of the Trade Practices act. Bruce Lloyd explains how the new cartels laws affect syndicated lending. The day before tomorrow: Future developments in International Arbitration with Toby Landau QC - For the eighth annual International Arbitration lecture, Toby Landau QC will observe the natural life of international arbitration and explain the forces working to shape its future. The regulation of uranium mining in Western Australia: Ban lifted - Brad Wylynko and Lara Wilmot look at how uranium mining in Western Australia will now be regulated, following the lifting of the ban. There was movement at the station: the Australian consumer law reforms are being enacted into law - While the precise impact of Australia's consumer law reforms on the pharmaceutical and medical device industries cannot be determined at this stage, says Madeleine Kearney, it will definitely have an effect - especially on regulatory action. Transferring reporting obligations under the NGER Act - update - Brad Wylynko and Fleur Newman look at the changes to the National Greenhouse and Energy Reporting Act 2007 affecting the transfer of reporting obligations. What do you mean I have to negotiate in good faith? - Frank Bannon, Julia Dreosti and Rebekah Poole discuss a recent case which has shed some further light on your obligations if you enter a contract which requires you to negotiate in good faith if there's a dispute. What's up doc? The doctor's duty of care to third parties - Does a doctor owe a duty of care to third parties who are not patients, but who might conceivably be affected by his or her treatment of a patient? Greg Williams and Mandi Chonowitz look at the cautious approach to this taken by Australian courts. 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.