April

1 Bligh St: Clayton Utz's new energy-efficient Sydney home - There's a greater awareness that a move into energy-efficient buildings can neatly combine several interests of a business - the financial, the human, and the community.
ACT employers must act now on workplace privacy - ACT Government and private sector employers will need to review their workplace surveillance now that the ACT's new Workplace Privacy Act 2011 is coming into force, or face hefty penalties.
ASIC proposes restricting companies' use of 'non-conforming financial information" - ASIC is targeting the use of what it calls "non-conforming financial information".
ASIC rewrites the rules on prospectuses - ASIC uses the statutory requirement for "clear, concise and effective" prospectuses as a springboard for the development of guidance on the structure and content of prospectuses, which would also affect other fundraising documents and takeover documents
ASIC targets infrastructure fundraising: back to the future? - ASIC has issued draft guidelines for a content checklist for infrastructure fund prospectuses.
ASX Equity Markets Review - maybe Western Australia is special, after all - The Australian Securities Exchange (ASX) has commenced a review of the small and medium enterprise, mid-cap and micro-cap equity markets, aimed at, amongst other things, better meeting the needs of issuers and investors based in Western Australia.
Barrick Gold bid gets a hand from Clayton Utz - Clayton Utz has acted as Australian counsel to global miner Barrick Gold in connection with its CAN$7.3 billion (US$7.7 billion) all-cash takeover offer to acquire ASX and TSX listed Equinox Minerals Limited, announced on 25 April 2011.
Clayton Utz advises on A$40 million CSG Limited raising - Clayton Utz has advised Macquarie Capital Advisers as underwriter of ASX:CSV listed Australian owned ICT services and consulting company CSG Limited's A$40 million capital raising, announced on 18 April.
Clayton Utz congratulates Australia Pacific LNG on milestone Sinopec deal - Clayton Utz has congratulated Australia Pacific LNG (APLNG) on the signing of its major liquefied natural gas (LNG) supply contract with China's Sinopec Group, a significant milestone for the APLNG joint venture for which Clayton Utz is a key legal adviser.
Clayton Utz Hong Kong office appoints front-end Construction specialist - Clayton Utz in association with Haley & Co. has bolstered its front-end construction and major projects capabilities in the region with the appointment of Construction and Major Projects consultant Ilan Freiman.
Clayton Utz supports Sleepyhead on Pacific Brands deal - Reflecting the experience of the Clayton Utz Melbourne Corporate team on strategically significant M&A transactions in the manufacturing sector, Clayton Utz has advised privately owned mattress manufacturer Sleepyhead on its acquisition from Pacific Brands of two signature brands.
Coastal reforms in New South Wales - a legislative sea-change - The Coastal Protection and Other Legislation Amendment Act 2010 significant changed the planning regime, affecting the way in which coastal protection works may be carried out and future developments along the NSW coast, as Claire Smith and Kim Glassborow explain.
Discretions and bonus schemes: Can a discretion ever be absolute? - Employment law practitioners are often faced with clients seeking advice about the drafting of bonus schemes and the possibility of successfully bringing legal proceedings for unpaid bonuses.
Getting real about e-waste: new consultation paper on product stewardship - The Federal Government is looking for comments on a consultation paper on product stewardship by 8 April 2011, and a national co-regulatory product stewardship scheme is on the way. Claire Smith and Rebecca Hawke discuss what this could mean for manufacturers and importers.
Google's autocomplete is defamatory in Italy - could it happen in Australia? - An Italian court, the Tribunale Ordinario di Milano, has found Google liable for defamation because its autocomplete suggestions paired the plaintiff's name with defamatory key words, raising the question of whether such a case could succeed here in Australia.
Government releases Bill to outlaw price signalling between banking competitors - and who is next? - On 24 March 2011 the Federal Government introduced into Parliament its revised Bill to outlaw price signalling between competitors in defined industry sectors.
High Court to consider international arbitration and bias issues - The High Court will soon provide some much-needed clarity about the status of foreign arbitral awards in Australia, as Sid Wang and James Robinson explain.
Independent contractor vs employee: do you know the difference? - The distinction between independent contractor and employee is the issue in the Federal Court decision On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation
Meet our clients - ANZ Wealth's Linda Griffin has a secret yearning for the simple pleasure of municipal politics.
Men At Work's copyright appeal over Kookaburra doesn't work so well in Full Federal Court - Men At Work and EMI have lost once again in the copyright dispute over "Down under" and "Kookaburra sits in the old gum tree" after the Full Federal Court dismissed their appeal against a finding of copyright infringement (EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 ).
Misled during mediation? Will "without prejudice" privilege protect those misrepresentations? - Your communications made during a mediation can't be disclosed by the other side – or can they? Karen Ingram and Roxana Carrion look at the limits of common law "without prejudice" privilege.
Queensland developers must review their disclosure statements now - Changes to the Body Corporate and Community Management Act 1997 (Qld) will mean that previously accurate disclosure statements for proposed / off-the-plan lots will now be inaccurate.
Queensland statutory land valuations to be issued from 3 May 2011 - The Valuer-General has announced that the statutory land valuations for Queensland will be issued from 3 May 2011.
Senate Committee suggests new laws to protect Australians' online privacy - The Senate Environment and Communications References Committee has released its report on "The adequacy of protections for the privacy of Australians online". If adopted, its recommendations would mean businesses here and overseas would need to change their online privacy, information and advertising practices.
The Carbon Farming Initiative bills introduced into Parliament - The Carbon Farming Initiative will soon turn from promise to reality if three new bills are passed.
The last days of Part 3A - and NSW planning laws to be reviewed - No more applications for developments will be accepted under Part 3A of NSW's Environmental Planning and Assessment Act, and Part 3A will be repealed when Parliament returns, fulfilling an election promise by the incoming Premier Barry O'Farrell.
UK Bribery Act starts on 1 July 2011 - are you ready? - The UK Bribery Act will commence on 1 July 2011, so if your company is carrying on business in the UK, and the UK Ministry of Justice has released guidance on the new laws.
Victoria's new workplace bullying laws - what do they change? - Victoria's new laws to deal with workplace bullying, dubbed "Brodie's law" after a teenage victim, have been introduced into State Parliament.
WA heritage protection laws given more bite - Breaching WA's heritage laws is now very expensive business, say Brad Wylynko and Frances Hoskins, with a 200-fold increase in penalties.
What are you excluding in your contract's exclusion clause? - Many exclusion clauses might not be doing the job they were intended to do. Luke Buchanan explains the ways that courts have unexpectedly interpreted exclusion clauses, and why you need to be careful.
Wide Bay Conservation Council v Burnett Water Pty Ltd: The Queensland Lungfish Case - Kathryn Pacey and Stephanie Bashford look at another example of public interest litigation being instituted by an "interested person" under the Environment Protection and Biodiversity Conservation Act.

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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.