March

A licence to change the climate? Court considers whether licence permits emission of carbon dioxide - Brendan Bateman and Brendan Dobbie consider a recent case which held a licence to operate a coal-fired power station necessarily authorises the emission of carbon dioxide.
Arbitrating competition law disputes - When is a competition law dispute subject to arbitration, asks Michael Underdown.
Australian investors in key Asian countries now enjoy added protection under new FTA - Dominic Mueller and Eammon Atkinson explain how the new ASEAN-Australia-New Zealand Free Trade Agreement will work.
Changes to Australia's foreign investment rules to affect the tourism and real estate sectors - Anne Taylor and Julie Ha round up the recent changes to Australia's foreign investment policy and law, and looks at their potential impact upon the tourism and real estate sectors.
Circuit-breakers to have effective expert determination - Frazer Moss and Logan Campbell look at a recent court decision in Victoria and what it means for your expert determination clause.
Clayton Utz advises Victorian Government on innovative Peninsula Link deal - A Clayton Utz team led by Melbourne-based Major Projects Partners Marko Misko, Naomi Kelly and Dan Fitts provided strategic legal and commercial advice to the Victorian Government on the recently closed Peninsula Link Project.
Clayton Utz assists Southern Cross Media Group on successful internalisation and refinancing -
Clayton Utz congratulates Southern Cross Media Group (formerly Macquarie Media Group) on the successful completion of its internalisation initiative and the refinancing of Southern Cross Media's business level debt facility on 10 March 2010.
Clayton Utz commits to helping close the gap between Indigenous and non-Indigenous Australians -
Clayton Utz today joins the members of Australia's community who are committed to creating positive and lasting change in the lives of Aboriginal and Torres Strait Islander peoples, with the formal launch of its Reconciliation Action Plan (RAP) in Sydney this evening.
Clayton Utz joins top-tier firms to raise awareness of mental health issues in the legal profession -
Last night Clayton Utz was proud to join top-tier firms Allens Arthur Robinson, Blake Dawson, Freehills and Mallesons together with The College of Law in launching the resilience@law initiative as part of the firms' Depression and Anxiety Working Group.
Clayton Utz lawyer constructs prize-winning essay -
Clayton Utz Construction & Major Projects senior associate Mathew Stulic has been awarded The UK Society of Construction Law's (SCL) prestigious SCL Hudson Prize.
Clayton Utz to open Hong Kong office - After many years working in Asia, we've decided to make the arrangement a little bit more permanent, with the opening of a new office in Hong Kong.
Clearer guidance on when third parties can access corporate insurance policies -
Shareholders or members of managed investment schemes who need to know if it makes financial sense to sue a company and its directors will take comfort from the recent decision in the WA Supreme Court, Snelgrove v Great Southern Managers Australia Ltd.
Clients choose Clayton Utz as best professional services firm in the ACT -
Clayton Utz has been named the best professional services firm in the ACT at the BRW Client Choice Awards 2010.
Climate change - a challenge for tourism - With tourism's dependence on the natural and built environment, it must now take action to adapt to climate changes. Brendan Bateman and Honor Irvine examine what has already been done to help Australia's tourism industry get ready.
Employers, employees, and intellectual property: The saga of University of Western Australia v Gray - Mary Still and Lauren Kapp explain the ownership of the inventions of university employees arising from the UWA v Gray case - an important question for universities, and the private sector firms which use those inventions.
Excluding liability in a procurement process - Does your exclusion clause in your Requests for Proposals do what you want it to do? Maybe not, as Cate Greene shows.
Expanding the Renewable Energy Target Scheme: the devil will be in the detail - The decision to enhance the Commonwealth's Renewable Energy Target Scheme has been welcomed, but what exactly is being welcomed? The true nature of the changes will only be known when more details are available, say Claire Smith, Naveena Rajaretnam, Graeme Dennis and Nick Thomas.
Fast and cost effective arbitration - it's all in the drafting - Getting your arbitration agreement right is the first step towards quickly and efficiently resolving commercial disputes.
Federal Court gives the kiss-off to Luscious Lips trade mark owners - Mary Still explains why the Federal Court found use of a trade-marked term by another in the same class was not infringement.
How far can a creditor push a distressed company? -
Buzzle v Apple Computer Australia gives investigative accountants, creditors and financial institutions with insolvent corporate clients important guidelines on how far they can go in providing assistance and instructions with respect to the management of the business.
Immunity of states in international arbitration - International arbitration is the established method for resolving disputes between parties to international commercial agreements, but as Saloni Kantaria explains, there are some extra considerations at play when one party is a foreign state.
Insurance Contracts Act changes finally introduced into Parliament -
Five years after the review of the Insurance Contracts Act by Alan Cameron and Clayton Utz' Nancy Milne, and three years after the exposure draft bill was released, the Insurance Contracts Amendment Bill 2010 has been introduced into Parliament.
Media and communications sector reform means industry leadership critical -
The central role of media and communications in Australian society and the economy and the pace of technological change in these sectors means there will be an even greater need in the future for leadership in industry education, regulatory policy debate and legal reform, according to Clayton Utz partner Caroline Lovell.
More accolades for Victoria's Desalination Plant PPP project -
Around the world, Victoria's Desalination Plant PPP project continues to be recognised as a leading example of public and private sector collaboration in infrastructure projects.
New Division 7A amendments: great news for valuers, but not for SMEs! - The Division 7A amendments will either be widely ignored by small business in practice, or cause SMEs to grind to a halt.
New Domain Name Drop List: .AU Domain name holders beware! - auDA's new Domain renewal, expiry and deletion policy is about to come into force, and domain name holders will need to be more vigilant about renewal, say Korina Hui and Brianna Quinn.
New partner appointments reflect depth of talent at Clayton Utz -
Clayton Utz is pleased to announce that it has promoted six lawyers to the partnership with effect from 1 March.
NGERS treatment of joint ventures clarified - Simon Bowden explains the main features of the Supplementary Guidelines on the application of the National Greenhouse and Energy Reporting Scheme to joint ventures.
No need for compulsory arbitration in dispute settlement clauses in enterprise agreements - The Full Bench of Fair Work Australia (FWA) has overturned the decision which held that a dispute resolution term in an enterprise agreement must allow for disputes to be settled by arbitration, whether the parties want to or not.
Octaviar: Application for special leave to appeal to High Court granted -
The High Court has granted special leave to appeal in the Octaviar matter.
Personal Property Securities Reform - Corporations Act Amendments - The Personal Property Securities (Corporations and Other Amendments) Bill 2010 is the latest step in establishing a clear and consistent single national legal regime for security interests in personal property.
Planning, light rail and TOD - Prime Minister Rudd’s move towards greater Federal Government involvement in urban planning and tying infrastructure funding to better planning outcomes has significant implications for state governments and councils around the country, says Brett Gale.
Registrar of Trade Marks turns up HEAT on magazines -
IP Australia has just released the decision of the delegate of the Registrar of Trade Marks in relation to the opposition by Giramondo against registration of the trade mark HEAT by Bauer.
Resale Royalty Right for Visual Artists Act about to commence -
The Resale Royalty Right for Visual Artists Act 2009 (Cth) will enable artists who derive their income from the initial sales of their creative works to share in the commercialisation of their work on the secondary art market.
Security of Payment - new legislation: What you need to know - Jonathan McTigue and Paul Trewartha round up the latest developments in security of payment laws across the country.
Statutory demands for creditors - In the first of two articles, Karen O'Flynn explains the basics of issuing a statutory demand.
Sydney to launch an international dispute resolution centre - The number of international arbitrations conducted in Sydney is expected to boom with the announcement by the Federal and NSW Attorneys-General of the establishment of the Australian International Disputes Centre, Australia's first international dispute resolution centre.
Sydney Transport - new plan for existing strategy - The new Metropolitan Transport Plan promises major changes to the way Sydneysiders get around - and as Anne E Davis explains, that's good news for visitors to Sydney and the tourist industry too.
The dog ate my insurance policy - so who has to prove what it said or what it covered? -
The High Court's decision in Wallaby Grip Limited v QBE Insurance on a missing insurance policy explains who has to establish its terms or any limits on the level of indemnity.
Victoria's transport market - An update - What's happening with the Victorian Government's $38 billion Transport Plan? Aneetha de Silva and Shannon Radomski set out the major planks of the plan, and how far the Government has gotten in implementing them.
Why is arbitration the best way to resolve cross-border disputes? - International arbitration is still something of a mystery, especially to those it could benefit the most. Doug Jones and Julia Dreosti discuss why international commercial arbitration is gaining in popularity.

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.