August

A checklist of what's new for this year's reporting season - As companies gear up for the annual reporting season, it's timely to take a look at new requirements for Annual Reports and AGMs this year.
Betbox successfully challenges Victorian gambling legislation - where to now for retail exclusivity? - The Victorian gambling legislation that operates to ban online betting kiosks such as Betbox was overturned by the Federal Court yesterday, opening the door to further challenges to similar laws in other States and Territories.
Can a Chairman vote undirected proxies on the remuneration report? - Section 250BD of the Corporations Act says that a chairman can vote undirected proxies on the remuneration report but section 250R appears to say that he cannot.
Carbon Farming Initiative bills passed; now to get ready for them - Australia will soon have a framework for carbon farming in place, with the passage of the Carbon Credits (Carbon Farming Initiative) Bill 2011, Carbon Credits (Consequential Amendments) Bill 2011 and the Australian National Registry of Emissions Units Bill 2011.
Clayton Utz acts on Tigers Realm Coal IPO and listing - Clayton Utz has advised coal explorer Tigers Realm Coal as issuer in connection with its A$37.5 million Initial Public Offering and listing on the Australian Stock Exchange today.
Clayton Utz advising Minara Resources on Glencore takeover offer - Clayton Utz is advising ASX-listed nickel producer Minara Resources Pty Ltd in connection with Glencore Investment's (a wholly owned subsidiary of Glencore International plc) off-market takeover offer for the remaining 27% of shares that it does not currently own in Minara Resources.
Clayton Utz congratulates client Collins Foods on IPO and listing - Clayton Utz congratulates Collins Foods in connection with its Initial Public Offering (IPO) and listing on the Australian Securities Exchange on 5 August.
Close-out netting contracts: Government consults on proposed reforms - Inconsistencies between various Acts’ treatment of close-out netting have prompted the Australian Government to propose changes. But will these reforms introduce other concerns, asks Louise McCoach.
Copyright makes headlines in the UK - The UK Court of Appeal has held that the unlicensed receipt and use of headlines or extracts of online news articles, communicated to users by media monitoring companies, will constitute an infringement of the article publisher's copyright (Newspaper Licensing Agency Ltd v Meltwater Holding BV [2011] EWCA Civ 890).
Danger: undirected proxy! - ASIC has confirmed that there is a significant problem in the new Two Strikes rule.
Federal Court rules on copyright in pharmaceutical product information documents - In the recent case between Sanofi-Aventis Australia Pty Ltd and Apotex Pty Ltd [2011] FCA 846, the Federal Court of Australia addressed for the first time the issues of copyright subsistence and infringement in relation to product information documents (PI) for pharmaceutical products.
Genuine steps in the right direction? The Civil Dispute Resolution Act 2011 - Under the Civil Dispute Resolution Act 2011, litigants will have to provide a statement of the (genuine) steps taken to resolve the dispute prior to filing proceedings.
Government softens Price Signalling Bill for the banking sector - The Government has narrowed the scope of the Competition and Consumer Amendment Bill (No. 1) 2011 which will introduce a new prohibition on public and private "disclosures" of pricing and other information to competitors in prescribed industries.
HR manager accountable for breaches of employment laws - In a recent Federal Magistrates Court decision, a Human Resources manager was found liable for breaches of employment laws regarding non-payment of wages and engaging in a "sham contract" arrangement.
Leading construction lawyer joins Clayton Utz in Hong Kong - Clayton Utz in association with Haley & Co. continues to broaden its service offering to clients, with the appointment of construction dispute resolution lawyer Geoffrey Shaw as a partner.
Managing employee performance: the new adverse action risk - The number of adverse action claims is growing, and more employees are citing discrimination issues in their claims. Joe Catanzariti and Laura Hillman explain what a sensible employer should do to ensure its decisions are defensible.
New Equity Derivatives Definitions - Louise McCoach looks at the key features of the 2011 Equity Derivatives Definitions published by ISDA on 8 July 2011.
New liabilities for directors? - A legal battle in Queensland threatens to open up a new set of liabilities for company directors.
Regulatory changes are on the way for embedded network operators and energy onsellers - Owners of office buildings, industrial parks, shopping centres, caravan parks, construction sites and mining or other facilities who operate embedded electricity networks and onsell electricity or gas need to understand the proposed changes to the regulatory framework, says Robyn Farmer.
Reinstatement for injured worker: Why the "real reason" is so important - As adverse action claims increase, it's becoming very clear that properly documenting your decisions affecting your employees is crucial – but what do you need to show? Stuart Pill collects the main lessons from recent cases.
Shareholders seeking access to a listed company’s books: Smartec Capital Pty Ltd v Centro Properties Ltd - It has been widely publicised that Centro Properties Group (also referred to as CNP) experienced significant financial difficulties in the wake of the global financial crisis due to extensive use of debt to acquire commercial properties, mainly in the form of shopping centres, located in Australia and the United States.
Should we have central clearing for OTC derivatives in Australia? - Louise McCoach examines Australia’s Council of Financial Regulators’ proposal for central clearing of OTC derivatives in Australia
Social media misuse: Who is liable under discrimination law? - Social media can be terrific for building an online community, but also terrific for bullying and distressing others. Millen Lo and Leigh Howard look at the risks for employers arising from their employees' use of social media.
The future of domestic gas reservation in WA - The WA Government will retain its Domestic Gas Reservation Policy, and its flexible approach, say Kevin O'Sullivan and Tom Jasper.
The response to the Hawke Review: federal environmental law to be reformed, not re-written - The environmental assessment and approvals process in Australia will be streamlined, and tentative steps taken towards the harmonisation of environmental assessment and approvals legislation across States and Territories, according to the Australian Government's response to the Hawke review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) ("EPBC Act").
UK Supreme Court rules in favour of flip clauses - Louise McCoach and Eugene Bong explain the effect of the long-awaited Lehmans decision on flip clauses.

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.