May

An open door for open source - Australian Government open source software policy released - Australian Government agencies must now actively and fairly consider all types of available software, including open source, in their ICT procurement processes. Alexandra Wedutenko, Justin Bernau and Anna Haynes look at how this will affect procurement, and what other changes agencies need to make.
Attorney-General launches foremost text on commercial arbitration reforms - Clayton Utz national head of International Arbitration and leading Asia-Pacific arbitrator, Professor Doug Jones AM, has celebrated the launch of his comprehensive guide to arbitration law in Australia - 'Commercial Arbitration in Australia.'
Australian Government reveals latest legislative priorities for telecommunications and media - The Prime Minister has released the list of legislation proposed for introduction in the Winter sittings of Federal Parliament, starting Tuesday 10 May.
Clayton Utz advises on Noble transactions to create leading ASX-listed independent coal miner - Clayton Utz has assisted long-time client Hong Kong based Noble Group Limited in relation to a suite of transactions involving Gloucester Coal Ltd that will underpin Gloucester's strategy of becoming a leading ASX-listed coal miner with an estimated market capitalisation of A$2 billion.
Clayton Utz congratulates clients on ALB award-winning deals - Clayton Utz is proud to have been associated with three headline 2010 deals that took out Deal of the Year awards at the 2011 Macquarie Bank ALB Australasian Law Awards held last night in Sydney.
Clayton Utz congratulates Seven on securing 2012-2016 AFL free-to-air television rights - Clayton Utz advised valued client Seven on its recently announced acquisition of AFL free-to-air television broadcasting rights for 2012-2016.
Clayton Utz proud to support Equal Employment Opportunity Network - Clayton Utz is proud to announce that it will be supporting the Equal Employment Opportunity Network with its events this year.
Clayton Utz ramps up Workplace practice for future growth - Clayton Utz has boosted its national Workplace Relations capability with the announcement that Stuart Pill and Dan Trindade will be joining the firm as partners in the Melbourne office, together with their team of five lawyers and their support staff.
Clayton Utz staff to receive up to 36 weeks' paid parental leave - Clayton Utz has announced one of the most generous parental leave policy offerings of Australia's top-tier law firms.
Corporate governance changes focus on diversity - The ASX's revised Corporate Governance Principles and Recommendations set out new expectations for corporate diversity, as Joe Catanzariti and Millen Lo explain.
Discrimination case highlights issues in managing performance and mature workers - Are you managing an employee – or discriminating against them? Glen Bartlett examines the tricky issues that can arise, and how to ensure you comply with the law.
Fact, fiction and securities lending - Geoff Hoffman discusses two recent changes by ASIC affecting the borrowing of securities.
Harmonised Workplace Health and Safety laws pass Queensland Parliament - The Work Health and Safety Bill 2011 passed through the Queensland Parliament yesterday. The Bill, once enacted and commenced, will bring into force in Queensland harmonised national workplace health and safety laws.
Insolvent managed investment schemes: uncertainty and conflicts - Few now remember that Chapter 5C of the Corporations Act can trace its origins to the afternoon of 23 July 1991. For the past year, the unlisted property trust industry had been in meltdown.
Insolvent unit trusts in Australia - The Australian unit trust industry recently experienced financial difficulties. The formal legal process of handling those difficulties has revealed gaps in the Australian regulatory map.
Legal access to justice is fundamental - A properly funded legal aid and community legal system is essential for all Australians to be able to access their rights.
Loddon Campaspe CLC's CU Foundation Fellow helps Goulburn Valley community access the legal system - The residents of Shepparton and the Goulburn Valley in central Victoria will have their own community legal service for at least another year, following the Victorian government's announcement that it will assume funding of a pilot community legal service established by Clayton Utz Foundation Fellow Joanne Ellis, through Loddon Campaspe Community Legal Centre.
Member-approved takeovers - ASIC acts - ASIC has now released a draft new policy to reflect both the use of item 7 of section 611 of the Corporations Act by MISs and changes in the regulatory environment since its original policy was published in 1994.
One step closer to Basel III - APRA's interim arrangements for Additional Tier 1 Capital instruments - APRA has now released interim arrangements that set out modified eligibility requirements for Additional Tier 1 Capital instruments under Basel III, following its earlier clarification on APS 111 - Capital Adequacy.
Part 3A projects in NSW - details of transition to new regime released - The NSW Government has today released more details on the proposed repeal of Part 3A and the transition to a new planning regime for projects of State significance, and made changes to the State Environmental Planning Policy (Major Development) 2005.
PPPs: the Australian GFC experience - The GFC spooked a lot of financiers here in Australia, and it had an effect on the PPP scene as well, but PPPs still went ahead, says Brad Vann.
Preparing for a carbon price: legal issues - A carbon price is looming but is by no means a certainty. What steps from a legal point of view can be taken to protect where possible against the introduction of a carbon price without constraining activities or documents should a carbon price not eventuate?
Procurement and funding fraud: Are you safe? - Whether it's an unidentified conflict of interest, or outright bribery and corruption, fraud is always a risk in Commonwealth procurement and funding regimes. Alexandra Wedutenko and Caroline Hogan explain what you can do to minimise that risk and ensure the taxpayer gets value for money.
Profile: Chris Davis - Chris Davis is a new special counsel in our Government Services team in Canberra
Profile: Justin Bernau - Justin Bernau is a new special counsel in our Government Services team in Canberra.
Profile: Scott Moloney - Scott Moloney is a new senior associate in our Government Services team in Canberra.
Removal of a trade mark for non-use and the court's discretion - Austin Nichols, the owner of WILD TURKEY for bourbon and other alcoholic drinks, unsuccessfully sought removal of Lodestar's WILD GEESE registration for beverages in classes 32 & 33. Austin appealed from the Registrar of Trade Marks to the Federal Court of Australia, which considered three issues (Austin, Nichols & Co Inc v Lodestar Anstalt [2011] FCA 39).
Retention of title as a defence to an unfair preference claim - In the recent case of Dwyer & Ors and Davies & Ors v Chicago Boot Co Pty Ltd [2011] SASC 27, Chicago Boot claimed that certain payments made to it by two insolvent companies were not unfair preference payments, because of, amongst other defences, the purported application of a retention of title clause in relation to the supply of goods by Chicago Boot.
The ABC of a successful corporate rescue: Lessons from the Court receivership of ABC2 Group Pty Ltd - In insolvency circles, the word "success" is definitely a relative term. Often it only means that a complete meltdown of the company's business has been averted, or that employees have at least received their statutory entitlements on their way out the door.
Time to rethink infrastructure approach - Australia's infrastructure backlog is well-documented. According to recent media reports, The Business Council of Australia and Infrastructure Partnerships Australia estimate Australia's current infrastructure deficit at anywhere between $450 and $700 billion.
Unlimited liability: it's guaranteed - Could a guarantor of a seller’s obligations be liable even if the seller is no longer subject to the obligations? Nick Miller and Sam Cottell examine a recent Victorian case which says "yes".
VCAT case sheds light on how the Human Rights Charter interacts with Victorian EO legislation - When can you rely upon an exemption from equal opportunity laws? Dr Graham Smith and Leigh Howard look for answers in a recent Victorian case.
When is an ISP liable for its users' copyright infringements? - If the customers of an internet service provider (ISP) infringe copyright and the ISP does not take steps to stop it occurring, is it liable for copyright infringement?
Who owns this IP? Independent contractors vs employees in IP ownership disputes - Generally in the workplace context, any intellectual property (IP) created by an employee in the course of their employment is, in the normal course, owned by the employer.
Who's afraid of the Civil Dispute Resolution Act and its requirement to take "genuine steps"? - The new Civil Disputes Resolution Act 2011 will impose some new litigation requirements on Australian Government agencies, as Caroline Bush and Kate Evans explain.

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.