September

A right to sue for invasion of privacy? The Australian Government's privacy Issues Paper - Should Australians be able to sue for an invasion of their privacy? That's the question posed by a new Issues Paper. Avinesh Chand looks at the proposed models.
ACCC appeals Metcash decision: what's at stake? - The ACCC will appeal against the Federal Court's rejection of its attempt to block Metcash's acquisition of the Franklins supermarket business.
Agreements made with part of a business - are they valid? - If you've made a workplace or enterprise agreement with part of your business, is it valid? Perhaps not, warn Shae McCartney and Alison Spivey.
APRA adopts accelerated Basel III timetable for Australia - Today the Australian Prudential Regulation Authority (APRA) released a discussion paper outlining its proposed implementation of the Basel III capital reforms.
Australia's innovation patent system under review - Ten years after its introduction, Australia's unique innovation patent system is under review. On 17 August, the Advisory Council on Intellectual Property (ACIP) published an issues paper, "Review of the Innovation Patent System". The closing date for submissions is 14 October 2011.
Changes in new harmonised OH&S laws by 1 January 2012 - The Occupational Health and Safety (OH&S) harmonisation laws are to be implemented by 1 January 2012, a mere three months away.
Clayton Utz launches iPhone App and YouTube channel - Leading Asia-Pacific law firm Clayton Utz has today launched PocketCU, its first iPhone App, together with the Clayton Utz YouTube channel - making it even easier for people to access the latest in legal news and developments, as well as news and information about the firm, on-the-go.
Clayton Utz partner to lead global network of law firms - Clayton Utz partner Simon Truskett has been appointed Chair of Lex Mundi, the world's leading association of independent law firms.
Clayton Utz Perth appointment adds further oil and gas expertise - Clayton Utz is pleased to announce the appointment of leading oil and gas expert John King as partner, effective 15 November 2011.
Clayton Utz recognised at 2011 CFO DealBook Awards - Clayton Utz's reputation for legal excellence and commitment to corporate social responsibility has been recognised at the 2011 CFO DealBook Awards.
Convergence Review moves ahead with five new discussion papers - The Convergence Review is seeking the public's views on five new discussion papers to help guide its deliberations of the future shape of Australia's media and communications sectors, with comments due by 28 October 2011.
Did you know... our construction team is ranked with the best internationally? - Clayton Utz's Projects team has cemented its position as a world-leading practice after being ranked among the world's leading construction law practices.
Employer's belief at the time of termination doesn't mean there's a valid reason for the dismissal - An employee refuses to work on a public holiday, and won't say why. Is his employer justified in dismissing him? Joe Catanzariti explains why Fair Work Australia said "no".
Expanded meaning of "industrial action" under the Fair Work Act causes PR headache for employers - Public opinion is a powerful weapon in industrial disputes, and a recent Fair Work Australia decision could give employees greater scope to wield it, as Dr Graham Smith and Lauren Townsend explain.
Final version of Government's covered bonds bill has some changes - The Australian Government's promise to allow covered bonds in Australia is one step closer to fulfilment with the introduction into Parliament of the Banking Amendment (Covered Bonds) Bill 2011.
High Court says there's no double insurance if there's no common burden - You make a deal which requires you to indemnify the other party, so you take out insurance. Now there are two insurance policies to cover one loss - or are there?
How well does the Interactive Gambling Act work, asks new review - Australia's interactive gambling laws are under review, with the release of the discussion paper Review of the Interactive Gambling Act 2001.
Infringement notices for more telecommunications offences - and higher penalties too - Telecommunications providers could face higher penalties for breaching their performance benchmarks, if proposals in a new consultation paper are adopted.
Key employment contract clauses prove their utility: "Entire understanding" and "no reliance" - The recent Federal Court decision in Haros v Linfox [2011] FCA 699 has dismissed a claim by a former executive that the business Linfox had misled him during the recruitment process both in the nature of his role with the company and the security of his employment.
Mandatory reporting under the ACL triggers recalls, says ACCC - The ACCC has released figures on the new mandatory reporting requirements of the Australian Consumer Law.
Media codes and tech advances: Government releases more details of its independent media inquiry - Having announced that it will commission an independent media review, the Australian Government has today released the terms of reference for it, and that it will have some overlap with the Convergence Review that is also underway.
Nothing suburban about this fast track to success - Passenger train projects are complex and historically have suffered delays, defects, cost overruns and disputes, but a new quasi-alliance contractual arrangement helped save one from this fate, as Vanessa McBride explains.
Omitting an intended upper financial limit in an expert determination clause leads to uncertainty - Contractual parties adopting expert determination of disputes to a defined financial limit may regret omitting that specified limit from their dispute resolution clause.
Part 3A repeal and NSW's new State significant approval laws come into effect 1 October - NSW's replacement for the Part 3A regime, the State significant approval regime in the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011, will be law as of Saturday 1 October 2011.
Plunger wars: Latest decision bodes well for Bodum - Since the famous decision of the High Court of Australia in Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 in 1982, it has been commonly accepted that a rival trader can copy someone else's product with impunity (unless the product is protected by statutory intellectual property rights, such as a registered design), provided that the look-alike product is marked with the rival trader's brand. The recent decision of the Full Federal Court in Peter Bodum A/S & Ors v DKSH Australia Pty Ltd [2011] FCAFC 98 casts some doubt on whether that is a correct reading of the High Court's decision.
Queensland Infrastructure Plan released for consultation - The Queensland Infrastructure Plan is designed to support and encourage growth across Queensland's regions, say David Lester and Chris Keane.
Rectification: What to do when your "contract" is not your contract - Now you've signed it, you see that your contract doesn't really capture your (or the other side's) true intention. What can you do? Julie Granger and Danielle Briers explain a useful remedy, rectification.
Renewables a big winner, but more needed on energy efficiency and carbon capture and storage - Nick Thomas looks at the up side of the Clean Energy Future - it's good news for renewables, but what about energy efficiency and carbon capture and storage?
Rethinking funding models for infrastructure - the Infrastructure Finance Reform Issues Paper - There's general agreement that governments cannot fund much needed infrastructure by themselves, but less on how it should be done. Brad Vann looks at some of the options recently put forward by the Infrastructure Finance Working Group.
Successful Delivery of Mining Projects - Our new book addresses the key legal issues participants are likely to encounter when managing the risks associated with major energy and resources projects.
The High Court's refugee swap decision: Beware the hidden jurisdictional fact - The High Court's Malaysia swap decision might have far-reaching effects on the way ordinary decision-makers do their jobs, say John Carroll and Cain Sibley.
The Metcash deal: why did the court let it go ahead? - The latest round of the ACCC's attempt to block the Metcash deal has given useful guidance for future merger disputes, as Michael Corrigan explains.
Third edition of Construction Law in Australia launched at Clayton Utz - A new, revised version of the authoritative legal text Construction Law in Australia was officially launched at Clayton Utz in Sydney this week, drawing praise from His Honour Justice Hammerschlag of the New South Wales Supreme Court.
Victorian Landholder Duty - proposed model released for consultation - Victoria has released a consultation paper for its proposed landholder duty model in place of the landrich regime
Voting on the remuneration report: Government changes rules - Recent amendments to the Corporations Act said that chairs both could and couldn't vote undirected proxies on the remuneration report. A new Bill aims to remove the contradiction and make it clear that the chair can vote undirected proxies on the remuneration report if the proxy "expressly authorises the chair to exercise the proxy".
What difference does it make? Full Court confirms caution about finding futility in judicial review - Your decision's being challenged because of an error - but what if the error made no difference? Will courts refuse to set the decision aside? John Carroll and Cain Sibley look at when courts will find it's futile to grant relief in judicial review cases.
What does it mean to exercise "reasonable commercial endeavours"? - There might be no difference between reasonable and best endeavours, but what about "reasonable commercial endeavours", asks Lina Fischer.

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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.