July

1 Bligh a sustainable move for Clayton Utz - Last night leading Asia-Pacific law firm Clayton Utz hosted over 500 dignitaries, clients, staff and other special guests at a celebration to officially mark the relocation of its Sydney office to the landmark 1 Bligh building.
Accessing the deep pockets - when will a court let others inspect your liability insurance policy? - In recent Alerts we have been following a number of cases that have dealt with applications by claimants and potential claimants for access to details of liability insurance held by a defendant or target defendant.
ASIC hit list for remuneration reports - ASIC identified its key concerns for 2011 remuneration reports, as Karen Evans-Cullen and Jasmine Sprange explain.
Biobanking in NSW - an overview - Gary Best and Meri Nastevska explain what NSW's Biobanking scheme offers developers and landowners.
Canada's anti-bribery laws show they have teeth with a $9.5 million penalty - The first significant prosecution under Canada's Corruption of Foreign Public Officials Act 1998 has led to a fine of nearly $9.5 million and three years' probation, putting all companies with a Canadian link, in particular dual-listed companies, on notice
Carbon credits and carbon permits: Do you need an AFSL now? - Australian Carbon Credit Units, some international emission units, and the new carbon permits will all be financial products in the Clean Energy Future. If you're trading, broking or advising on them, do you need an Australian Financial Services Licence? Maybe, says Matt Daley.
Carbon exposure = market disclosure? - The Carbon Price Mechanism (CPM) announced on Sunday 10 July by Prime Minister Julia Gillard, as part of the Clean Energy Future package, may be targeting invisible gases, but listed companies have to be very visible when it comes to calculating its effects.
Carbon price, carbon copy? What's the difference between the Carbon Price Mechanism and the CPRS? - With the release of the details of Australia's carbon price mechanism as part of the Government's Clean Energy Future package, we now have a better idea of what carbon markets in the next few years will look like – but how different is it really from the CPRS? Brendan Bateman sets out the main similarities – and differences.
Clayton Utz acts for Gindalbie Metals on A$209m equity raising - Clayton Utz is advising ASX-listed Perth-based iron ore producer Gindalbie Metals Limited in connection with its accelerated non-renounceable entitlement offer and associated placement to raise A$209 million, announced today.
Clayton Utz advising Sundance on Hanlong proposal - Clayton Utz is advising ASX-listed international iron ore exploration and development company Sundance Resources Limited in connection with an all-cash conditional proposal to acquire 100 percent of Sundance by China's Hanlong Mining Investments, announced to the market today.
Clayton Utz helps Shadforth's fortunes to Snowball - Clayton Utz has advised Australian financial advisory firm Shadforth Financial Group Holdings Limited on its A$240 million merger with ASX-listed financial services company Snowball Group Limited.
Clayton Utz Major Projects team tops global league table - Clayton Utz's Projects team has cemented its position as a world-leading practice after topping the H1 2011 Infrastructure Journal Legal Advisers (mandate won) League Tables.
Clayton Utz partners publish Tax and Insolvency 3rd edition - When a company is either restructuring, insolvent or under some form of administration, taxation is a major issue. Tax & Insolvency (3rd ed.) is a practical guide to the often complex issues tax professionals and lawyers face when advising companies in this situation.
Clayton Utz's Andrew Sommer contributes to GST in Australia - Looking Forward from the First Decade - After a decade of the Goods and Services Tax (GST), what has its impact been, and does the law need to change?
Clean Energy Future's impact on industry: Sector-by-sector - What's in the Clean Energy Future package for specific affected industries? Brendan Bateman looks at what we know now.
Do you really know where you stand with a pre-emptive rights regime? - Pre-emptive rights - think you know where you stand? Graham Taylor, Samy Mansour and Jess Salinger discuss recent case law which highlights that, in some circumstances, your pre-emptive rights arrangements may not always operate in the way you might expect.
EPA Vic's new Compliance and Enforcement Policy aims for a more consistent and transparent approach - New Compliance and Enforcement Policy puts EPA Victoria on track to becoming a "modern environmental regulator".
Everything that rises must converge: The Convergence Review seeks views on emerging issues - The Australian Government's Convergence Review has released a consultation paper, Emerging Issues, which summarises some of the information received throughout the last few months of consultation.
Examination of an officer as to the sufficiency of a company's compliance with a subpoena - In a recent dispute concerning a company's compliance with a subpoena, the Supreme Court of NSW considered the operation of the seldom used section 68 of the Civil Procedure Act 2005.
Federal Government passes new product stewardship legislation - what next? - On 22 June, the Federal Parliament passed the Product Stewardship Act which provides the umbrella provisions for product stewardship in Australia.
First the price, then the market: The transition to the Emissions Trading Scheme - The Emissions Trading Scheme will start in 2015, and as Brendan Bateman explains, liable entities and other participants in the market will need to prepare now.
Lessons from Queensland - legal issues arising from recent natural disasters - Matthew Castley, Paula Noble and Elisa Kidston examine some of the legal implications of Queensland's recent devastation for the commercial property sector.
Life after Part 3A in NSW - the new regime for major project approvals - With the new NSW Government having taken the knife to Part 3A, what is the new scheme for major developments in NSW, and what's next on the planning reform agenda? Nick Thomas looks at the current state of play.
Life after Part 3A in NSW - what it means for the commercial property sector - With the new NSW Government having taken the knife to Part 3A, what is the new scheme for major real estate developments in NSW, and how will it affect the commercial property sector? Nick Thomas looks at the current state of play.
New partner: Claire Smith - Environment and planning lawyer Claire Smith was appointed on 1 January 2011 as a Partner in the environment and planning group.
New partner: Kathryn Pacey - Environment and planning lawyer Kathryn Pacey was appointed on 1 January 2011 as a Partner in the environment and planning group.
New partner: Mary Pringle - Real estate lawyer Mary Pringle was appointed on 1 July 2011 as a Partner in the Real Estate group.
Our team at Property Congress - Look out for our team members at this year's Property Congress
Queensland infrastructure charges reform - State Planning Regulatory Provision (adopted charges) - On 1 July 2011 the Queensland Government released the Draft State Planning Regulatory Provision (adopted charges) which sets the maximum adopted charge for trunk infrastructure for both residential and non-residential development in Queensland.
Risky business? Misleading statements and social media - a dangerous mix - Businesses must ensure the accuracy of statements posted on their social media sites, including those posted by third parties.
Room for improvement: new rules for unlisted property scheme disclosure documents - Less than three years after rewriting the disclosure rules for unlisted property schemes, ASIC is at it again.
Royalties on WA magnetite iron ore and uranium oxide announced - A 5% royalty will be applied to magnetite iron ore and uranium oxide in WA, as Heath Lewis and Brett Cohen explain.
Securency arrests are the first real test for Australian anti-bribery and corruption laws - Australia's anti-bribery and corruption laws are about to get their first real test in court with the charging of Securency International Pty Ltd and Note Printing Australia Limited for alleged bribery of foreign officials.
Strategic cropping land – drawing the boundaries - The question of how to resolve land-use competition between the agricultural, resource and development sectors is currently generating substantial public debate across the country, resulting in a range of different policy responses.
Streamlining Australia's anti-dumping system - The Australian Government's changes to Australia's anti-dumping laws are wide-ranging, and, as Jocelyn Kellam and Michael Mulgrew explain, will encourage more dumping and subsidy applications.
Taxation treatment of carbon permits under the Carbon Price Mechanism - The income tax and GST law will be amended to deal with the implications of the imposition of a price on carbon.
The role of ACCC and risks of "price exploitation" with the carbon price - The Government announced that it will give new powers to the ACCC to monitor any price exploitation with the new carbon price. As Michael Corrigan explains, this might sound good in theory, but how it would operate in practice is a bit harder.
Two Strikes rule starts today - Karen Evans-Cullen and Jasmine Sprange discuss the Two Strikes rule to force company board spill motions
Two-limbed test distinguishes employees from contractors - Called on to settle the distinction between an employee and an independent contractor, the Federal Court has relied on a "totality approach" that looks beyond the contractual description.
WA Court of Appeal dismisses LNG precinct challenge - Two related decisions of the Court of Appeal in Western Australia clarify the boundaries between "strategic proposals" and "significant proposals" under the Environmental Protection Act 1986 (WA).

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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.