October

"He said - she said": DJs case signals the possibility of jury trials on sexual harassment claims - A request for a jury trial is one of the many unusual features of the DJs sexual harassment case. Joe Catanzariti and Millen Lo explain the pros and cons of a jury trial.
Adverse action - the new discrimination - How do the new "adverse action" provisions of the Fair Work Act affect discrimination claims? Glen Bartlett examines a recent case which illustrates their potentially broad application to discrimination matters.
Allstate Explorations NL v Blake Dawson Waldron (a firm) [2010] WASC 97 - The plaintiffs were unable to establish any damage arising from Blake Dawson Waldon's failures to advise, and the claim for damages in negligence had to fail.
ASIC crackdown on related party transactions and experts' reports - ASIC wants to take a tougher stance on related party transactions. A new policy proposal aims to reduce the use of the arm's length exception and force greater disclosure of related party arrangements in fundraising and takeovers documents.
Australian Jockey Club and Sydney Turf Club merger - Tony Rein and Andrew Clarke discuss the latest developments and future of the Australian Jockey Club / Sydney Turf Club merger.
Backing a different horse - Racing Queensland Limited - What will the new racing control body, Racing Queensland Limited, mean for the industry, ask Tony Rein and Joanne Kleydish.
Backing a different horse - the new Racing Queensland Limited - Queensland's three previous racing control bodies for thoroughbred, harness and greyhound racing were amalgamated into one newly established control body, Racing Queensland Limited, on 1 July 2010.
Bargaining about a proposed enterprise agreement's scope? Lessons for employers from MSS Security - Can employers restrict the scope of a proposed enterprise agreement by simply failing to issue a notice of representational rights to certain employees, ask Glen Bartlett and Lauren Wiese.
Clayton Utz advises Kingsgate on agreed merger with Dominion - Clayton Utz is advising ASX-listed Kingsgate Consolidated Limited on its agreed merger with Dominion Mining Limited, announced today.
Clayton Utz advises Singapore Exchange on ASX merger deal - Clayton Utz is acting as legal advisers to Singapore Exchange (SGX) on its proposed merger with ASX Ltd via scheme of arrangement, announced today.
Clayton Utz climate change head appointed to new Carbon Institute - The co-head of Clayton Utz's Climate Change & Sustainability practice, Environment and Planning partner Brendan Bateman, has been appointed as an initial board member to the new national Carbon Market Institute.
Could Government class action reforms make NSW the next hot-spot for class actions? - NSW's changes to NSW's class actions laws in the draft Civil Procedure Amendment (Supreme Court Representative Proceedings) Bill 2010 could see NSW become the most popular forum for class actions in Australia.
Discussion paper on Universal Service Policy released - The Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, today released a discussion paper that aims to obtain feedback concerning the implementation of the Government's universal service policy.
Does Queensland's Right to Information Act apply to Special Purpose Vehicles? - QCAT's decision in City North Infrastructure Pty Ltd v Information Commissioner[2010] QCATA 60 clarifies that the Right to Information Act 2009 (Qld) (RTI Act) does not apply to corporate Special Purpose Vehicles established by the State Government under the Corporations Act 2001 (Cth).
Doors edge open for challenges to SOP Act adjudication determinations in NSW - It's not clear that the NSW Court of Appeal's decision in Chase Oyster Bar v Hamo Industries [2010] NSWCA 190 heralds a new era of greater court review of adjudication determinations under the Security of Payment Act.
Equity capital raising with consent - A person who consents to the inclusion of a defective statement in a fundraising or takeover document may be liable for losses that the defect causes.
Express clauses for terminating a contract: when can you exercise your rights? - When can you exercise an express right to terminate a contract? Luke Buchanan and Simone Rees find the law is still unclear, but there are some simple things you can do to protect yourself.
Express warranties under the draft ACL regulations - a significant compliance burden? - Draft regulations for the new Australian Consumer Law have been released by Treasury for public comment - and they should concern any supplier of consumer goods that come with an express warranty.
Genuine redundancy: What are the redeployment obligations of employers? - An employer must actively attempt to redeploy an employee in an associated entity before the redundancy is considered "genuine" under the Fair Work Act 2009 (Cth) - but what exactly does this entail? Maurice Baroni and Jack O'Brien find some answers in a recent case.
Henry Tax Review - a dodged bullet for the Leisure & Entertainment industry? - The Henry Review recommended an array of policy changes which, if adopted, could have had significant implications for the Leisure & Entertainment sector.
MRRT: The Policy Transition Group's new issue paper - The latest step towards the introduction of the Minerals Resource Rent Tax (MRRT) is the release of an Issues Paper by the Policy Transition Group, which advises the Government on the development and design of the MRRT, and the transition of existing petroleum projects to the Petroleum Resource Rent Tax regime.
NSW Race fields - the Sportsbet and Betfair first instance "decisions" - NSW Race fields - the Sportsbet and Betfair first instance "decisions"
Poker machine reform and gambling taxes - Limits on poker machine use, and no clear signals on tax reform, mean uncertainty for the poker machine industry, as Tony Rein and Andrew Clarke explain.
Preparing for the Paid Parental Leave Scheme - Are you ready for the Paid Parental Leave Scheme? Joe Catanzariti and Cilla Robinson look at what you need to do now to be ready.
Race Fields - Racing NSW - Tony Rein and Andrew Clarke look at the latest in the ongoing NSW race fields proceedings.
Race Fields - Sportsbet / RVL Agreement - A two-year agreement between Sportsbet and Racing Victoria Limited has put an end to their Federal Court action, as Tony Rein, Andrew Clarke and Joanne Kleydish report.
Reforms proposed to Security of Payment Act regime for NSW - The NSW Department of Services, Technology & Administration has released a discussion paper with possible reforms for NSW's security of payment regime under the Building and Construction Industry Security of Payment Act 1999.
Star City - an Asian hub for high-rollers? - High-rollers in Asia will have another destination if Tabcorp succeeds in its plans to reinvent Star City Casino, as Tony Rein and Andrew Clarke explain.
Suspending protected industrial action causing significant harm to a third party - Saul Harben and Matt Kelleher look at when Fair Work Australia will suspend protected industrial action affecting a third party.
Victoria's wagering and sports betting licence - Tony Rein, Andrew Clarke and Joanne Kleydish look at the latest in the competition for Victoria's multi-billion dollar wagering and sporting betting licence.
When is it "appropriate" to terminate Enterprise Agreements? - An enterprise agreement has expired. As Saul Harben and Lara Wilmot explain, Fair Work Australia now has a broad discretionary power to look at the effects that termination will have on employers and employees and their ability to bargain effectively.

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.