March

A strategy for delivering investment to the national freight network - Stuart Cosgriff looks at the main features of Infrastructure Australia's new discussion paper and draft freight strategy.
Adverse action under Fair Work Act clarified by Barclay decision - An important decision on adverse action under the Fair Work Act should put employers on notice, say Bryan Mueller and Saul Harben.
APRA guidance on Liquidity Coverage Ratio: What does it mean for the bond market? - APRA has tried to seeks to clarify the types of high-quality liquid assets Australian ADIs will be able to count towards their Liquidity Coverage Ratio (LCR) under its implementation of Basel III's new global liquidity standards.
ASIC's new stand on related party transactions and experts' reports - Following a review of related party transactions, ASIC has issued a new policy. It has also revised its existing policies on independent experts' reports. This includes new material on the "fair and reasonable" test.
Clayton Utz advises on Insto award-winning deals - Two headline transactions in 2010 on which Clayton Utz had key advisory roles have been recognised at the 12th Annual Insto Distinction Awards held in Sydney recently, run by Insto magazine.
Clayton Utz advises Origin on innovative $2.3bn entitlement offer - Clayton Utz is the legal adviser to Origin Energy in its $2.3 billion pro rata renounceable entitlement offer announced to the market yesterday.
Clayton Utz congratulates clients on award-winning deals - Four major infrastructure projects on which Clayton Utz's Major Projects team provided legal advice and support have been singled out for key industry awards - further cementing the firm's reputation as the go-to law firm on major infrastructure deals.
Clayton Utz named Best ACT Firm at BRW Client Choice Awards - Clayton Utz was last night named Best ACT Firm at the 2011 BRW Client Choice Awards - for the second year running.
Clayton Utz supports Skilled Group on $71 million capital raising - In another significant transaction for Clayton Utz's Corporate team, Clayton Utz has advised leading Australian and New Zealand provider of labour hire and workforce services, Skilled Group Limited, on its capital raising by way of any accelerated entitlement offer and placement, announced to the market on Wednesday 23 February.
Clayton Utz welcomes launch of AusLSA sustainability report - Clayton Utz welcomes the launch last night of the inaugural Australian Legal Sector Alliance (AusLSA) Annual Report - the first major step towards encouraging a collaborative approach to sustainability by Australian law firms.
Contracts - Preliminary agreements can maximise government agencies' outcomes on complex projects - Non-binding: Preliminary agreements should clearly state that they are not intended to create legal obligations between parties.
Dismissal for serious misconduct: When have you gone too far? - Employers may feel justified in summarily dismissing employees when they make what is seen as a serious mistake that hurts their business, but they might be the ones in the wrong if they rush into the decision, as a recent Fair Work Australia decision shows, warn Saul Harben and Steve Bowler.
Draft covered bonds bill released for public consultation - Yesterday, the Australian Federal Government released its much anticipated exposure draft of the Banking Amendment (Covered Bonds) Bill 2011.
Equal opportunity reporting to change under proposed Government reforms - Australian businesses with more than 100 employees will have greater reporting and compliance responsibilities under changes announced on Wednesday, 9 March 2011 to the Commonwealth's equal opportunity laws.
Full steam ahead for Adelaide to Darwin railway - Our Major Projects Team recently advised the AustralAsia Railway Corporation on the $334 million sale of the Adelaide to Darwin railway project.
FWA Full Bench clarifies tests for approval of agreements - Jim Simmonds and Graham Smith discuss how the requirements for information and the obligations on employers have been clarified by a recent decision of Fair Work Australia.
Getting real about e-waste: new consultation paper on product stewardship - The Australian Government is looking for comments on a consultation paper on product stewardship by 8 April 2011, and a national co-regulatory product stewardship scheme that extends manufacturer or importer responsibility to the end of life of computers and televisions could be in place as early as the final quarter of this year.
GST and property developments: Effective life is not a fair and reasonable basis for apportionment - On 10 March 2011, the AAT handed down a brief decision in which it held that the taxpayer's proposed use of "effective life" as the basis of apportionment was not acceptable as a fair and reasonable apportionment methodology: A Taxpayer v Commissioner of Taxation [2011] AATA 160.
GST reforms and the property sector - so much change, so little time - Changes to the GST laws will affect the GST liability of taxes and charges that the property sector pays, and of developer contributions, as Andrew Sommer explains.
How to generate cost savings under existing contracts - There are ways to identify and implement savings measures under existing contracts, as Steven Power explains.
Insureds' obligation to mitigate loss: how much do you have to suffer? - The Victorian Supreme Court has given useful guidance on mitigation of loss in insurance in Orica Australia Pty Ltd v Limit (No 2) Ltd [2011] VSC 65 (Clayton Utz acted for Orica)
Low-ball offer caught out by inquiring responsible entity - Funds managers whose unitholders are targeted by low-ball offers can take some heart from Perpetual Investment Management's success in the NSW Supreme Court
More on genuine redundancy under the Fair Work Act - What do you have to do to comply with the Fair Work Act's rules on redundancy? Graham Smith looks at the latest guidance from Fair Work Australia on genuine redundancy and redeployment.
Much-maligned PPP has never been more necessary - Is it all over for PPPs? Brad Vann looks at the recent debate and argues that Public Private Partnerships still have a crucial role to play in delivering vital infrastructure in Australia.
NBN Bills passed - with some changes - On 25 March 2011, four months to the day since their introduction into the House of Representatives, the National Broadband Network Companies Bill 2010 and Telecommunications Legislation Amendments (National Broadband Network Measures - Access Arrangements) Bill 2011 were passed by the Senate in amended forms.
New Special Counsel in our Brisbane Tax team: Kulwant Singh-Pangly - Our Brisbane Tax team has been strengthened with the addition of our new Special Counsel Kulwant Singh-Pangly.
NSW looks at more changes to the Retail Leases Act - Greg McHugh and Janelle Brooks look at the main features of the NSW Government's exposure draft of the Retail Leases Amendment Bill 2011.
Old enterprise agreements - when can protected action ballot orders be made? - Fair Work Australia has shut off an avenue to industrial action where even one employee sought to be covered under a new enterprise agreement is covered by an old agreement which is not about to expire.
Persian Fetta: Sounds exotic, but that doesn't make it a trade mark - Choosing brands and trade marks has always been an important selection, and the decision in Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd [2010] FCA 1367 highlights the importance for Australian businesses in choosing differentiating and distinctive trade marks that are able to distinguish their goods and services from their competitors.
Ports, climate change and the virtues of anticipation - One projected effect of climate change is the rise in sea levels, which will have obvious effects on ports. David Hodgkinson reviews what ports around the world are doing to meet this challenge.
Recent trends in transport and logistics law with … Tim Hemingway - We talk to one of our special counsel, Tim Hemingway, to find out what's happening in the transport and logistics sector.
Round-up: Legislation across Australia - Ron Smooker and Lisa Billington look at the recent new laws affecting the transport and logistics sector.
Subcontractors gain direct rights against principal contractors under NSW Security of Payment Act - NSW subcontractors will now be able to turn to a principal contractor for payment, say Frank Bannon and Mark Gillard
The attribution of income from offshore entities Proposed simplification of CFC and FAF - Many taxpayers will no longer have to worry about attribution as a result of the proposed new CFC regime. However, there are still a number of difficult issues that those who fall within the regime will need to deal with, as Sue Williamson and Mark Friezer explain.
The Australian Consumer Law: unfair contract terms and the transport industry - If you issue transport tickets to consumers, or transport goods for consumers under consignment notes or fixed conditions of carriage, you're entering into a standard form contract – and the new Australian Consumer Law applies. Trina Storm explains how the new unfair contract terms laws will operate.
The insolvent insurer, the liquidator, and the reinsurance proceeds yet to come: lessons from Amaca - Your insurer goes bust - can you as an insured claim the reinsurance proceeds? Amaca Pty Ltd v McGrath & Anor as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd [2011] NSWSC 90 gives useful guidance
The known unknowns: trading halts made easier by ASX - A new ASX Guidance Note aims to encourage the use of trading halts and voluntary suspensions to manage continuous disclosure issues - although it also highlights their limitations.
What's prior disclosure of pharmaceutical compounds? - Disclosure of compounds in prior art are novelty defeating even in the absence of sufficient information enabling its production
Will ASIC outlaw "underlying profit"? - ASIC wants to restrict the use of non-AASB financials in all sorts of corporate documents, from annual reports and corporate communications to transaction documents (prospectuses, bidder's statements, etc).
Winds of change: assessment of planning permits for Victorian wind farms goes local - Local councils have regained the power to issue planning permits for wind farms of all scales and greater consideration is to be given to local amenity impacts, under amendments to Victorian planning schemes which came into effect yesterday.

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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.