February

ACIP report into patentability goes some way to clarifying patent law - The Advisory Council on Intellectual Property has released its Report into Patentable Subject Matter, and its recommendations, while not radical, would go some way to clarifying the law of patents in Australia if adopted.
Adverse action under Fair Work Act clarified by Barclay decision - Adverse action under the Fair Work Act has been clarified by the Full Federal Court's decision in Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14
Carbon price mechanism finally settled - with intended start date of 1 July 2012 - The Australian Government has finally settled upon a carbon price mechanism, after an agreement was struck with the Greens in the Multi-Party Climate Change Committee and announced this morning.
Clayton Utz advises New Forests on Australia's largest private forestry estate - Clayton Utz has acted for investment management firm New Forests on the largest private forestry estate transaction, by area, in Australian history.
Clayton Utz advises Regent Pacific on BC Iron acquisition - Clayton Utz has acted for Hong Kong Stock Exchange listed diversified mining group Regent Pacific Group Limited (Regent Pacific) on its bid for Australian junior iron ore miner BC Iron Limited (BC Iron), to be implemented by scheme of arrangement. The transaction was announced on 21 January.
Clayton Utz helps Myer with strategic sass & bide fit - Clayton Utz is pleased to have worked alongside client Myer Holdings Limited on its strategic acquisition of a 65 per cent stake in one of Australia's best known designer labels, sass & bide, for AUD$42.25 million. The transaction was announced yesterday.
Clayton Utz partner writes new guide for commercial arbitration in Australia - There's a proposed new regime for domestic commercial arbitration in each State and Territory, and a new guide aims to demystify the law.
Clayton Utz recruits London QC to Litigation team - Leading London barrister and international arbitrator John Rowland QC today joins Clayton Utz's Litigation & Dispute Resolution team as a partner, giving clients access to a senior advocate in-house who can appear both before the courts and in arbitrations.
Clayton Utz travels with TUI on Intrepid venture - Clayton Utz has worked alongside client TUI Travel PLC in providing the legal advice and support regarding TUI's entry into a strategic venture with global tour operator Intrepid Travel, announced on Thursday 17 February.
Defining defence mandates - lessons from the Consolidated Minerals case - What are the fees payable under mandate letters? That depends on how the mandate letters are drafted – and as a recent decision shows, getting the mandate letter right is crucial, say Stuart Byrne and Adam Foreman.
Enforcing arbitral awards against non-parties to an arbitration agreement - Michael Underdown looks at a recent case where the Victorian Supreme Court ordered the enforcement of an arbitral award against a non-party.
Federal Government's 2011 legislative plans for intellectual property - The Prime Minister has released the list of legislation proposed for introduction in the Autumn sittings of Federal Parliament, starting Tuesday 8 February.
Federal Government's 2011 legislative plans for telecommunications - The Prime Minister has released the list of legislation proposed for introduction in the Autumn sittings of Federal Parliament, starting Tuesday 8 February.
Floods and insurance - Q&A with Fred Hawke, head of Insurance at Clayton Utz - Fred Hawke from our Insurance & Risk group answers some basic questions about floods and insurance
High Court holds dishonouring cheques was defamatory and awards damages - Andrew Westcott explains how a mistake with some cheques led to problems in defamation law for a bank.
Lessons from Luxottica: With GST, courts will take your deals as they find them - The Full Federal Court's decision in Commissioner of Taxation v Luxottica Retail Australia Pty Ltd [2011] FCAFC 20 (23 February 2011) provides greater certainty for commercial parties in structuring their arrangements and in determining the GST consequences of their transactions.
New Queensland Reconstruction Authority will have broad planning powers - Broad new planning powers will be vested in the Queensland Reconstruction Authority under the Queensland Reconstruction Authority Bill, which was passed by State Parliament on 17 February 2011.
Opportunity to streamline Energy Efficiency Opportunities program - The Federal Government's Energy Efficiency Opportunities program could give corporations more flexibility if proposed changes go through. Claire Smith and Rebecca Hawke explain the changes and why stakeholders should take advantage of the chance to comment on them.
Price signalling reforms might not solve the problem - Last year the Government released draft legislation on price signalling prohibitions, the Competition and Consumer Amendment Bill (No.1) 2011, to introduce quite strict laws prohibiting the practice of price signalling between competitors.
Queensland statutory valuations delayed by floods - The date for statutory valuations in Queensland will be postponed from 31 March 2011 to 30 June 2011 - but landowners still need to ensure they're ready.
Senate Committee Inquiry on bill for foreign takeovers of agricultural land - The private members' bill tabled by Senators Xenophon and Milne which seeks to increase controls over foreign acquisitions of Australian farms and agricultural companies has been referred to the Senate Economics Committee for inquiry and report.
The enforcement of arbitral awards in India - The elephant in the room - Enforcing an arbitral award in India poses some extra problems, but as Björn Gehle and Saloni Kantaria explain, those problems can be reduced, if not solved, through good drafting.
The extension of time limits for commencing arbitration - lessons from the Anglian Water case - Victor Lau looks at when a court will extend the time limits for commencing arbitration.
The flood clean-up has begun - and the business insurance disputes will too - What should businesses affected by the recent floods think about now? In this short Q&A we look at the major questions you should be asking now.
The St Kilda saga: you can phone a friend, but can you film him too? - Why would Victoria Police arrest a teenager who's shared film of a friend? The latest stage in the St Kilda nude photos story raises the question of how much - and what - we can record of our life and the people in it.
Variations to charges: High Court dismisses the appeal in Octaviar - With the High Court's decision last year, the Octaviar saga is now over. John Loxton and Samantha Horsfield report on what the Court held.
When is an ISP liable for its users' copyright infringements? - An ISP knows its customer infringe copyright and does not take steps to stop it occurring. Is it liable for the copyright infringements - and can the copyright owners, such as movie studios, sue them?

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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.