July

Advertising and distributing insurance products: navigating the regulation - The challenge for issuers and distributors of insurance is making the right message clear while complying with relevant laws. David Gerber and Craig Hine give some guidance on the law and ASIC's views.
Another air cargo settlement over price-fixing claims in Australia - Mihkel Wilding look at the latest developments in the ACCC's air cargo investigation.
ASIC releases new class order relief from the shorter PDS regime - Who's covered by the shorter PDS regime - and who isn't? Matthew Daley and Matt Anderson find some answers in ASIC's latest class order.
ASIC's latest on carbon market licensing - If you want a new Australian financial services licence, or a variation, to authorise you to provide financial services in regulated emission units and associated products, you'll need to read INFO 156, as Matthew Daley and Erik Setio explain.
Australian copyright law under review - We now have a better idea of what will - and won't - be reviewed as part of the ALRC's copyright review, as John Collins explains.
Changes to the living away from home allowance - Philip Bisset and Antony Barrier look at proposed changes which will greatly reduce availability of the living away from home allowance.
Clayton Utz advises Nido Petroleum on $US30 million facility - Clayton Utz has advised Nido Petroleum Limited and its subsidiaries on its senior secured borrowing base facility of up to $US30 million provided by Standard Bank.
Clayton Utz advises on oOh!media's proposed acquisition of EYE Corp - Clayton Utz is advising Outdoor Media Operations on its proposed acquisition of EYE Corp from Ten Network Holdings. The transaction values EYE Corp at up to A$145 million and was announced to the market on 20 July.
Clayton Utz advises PEP on Peters Ice Cream acquisition from Nestlé Australia - Clayton Utz has jointly advised Australasian private equity firm Pacific Equity Partners (PEP) on its successful bid for Nestle Australia Ltd's Peters Ice Cream business, for an undisclosed sum. The sale was announced on 29 June 2012.
Clayton Utz appoints six new partners - Leading law firm Clayton Utz has announced the appointment of 6 new partners, with effect from 1 July 2012.
Clayton Utz builds on market-leading Construction team with new Perth partner - Clayton Utz has appointed Clive Luck as a partner in its Perth Construction & Major Projects practice, with effect from 1 July 2012.
Clayton Utz expands energy and resources team with new partner - Leading law firm Clayton Utz has expanded its national energy and resources capability with the appointment of Jonathan Li as a partner in its Corporate practice, based in Melbourne.
Clayton Utz in the running for Corporate Law Firm of the Year at Capital CFO Awards 2012 - Clayton Utz has been named one of five finalists in the Corporate Law Firm of the Year category at the Capital CFO Awards 2012, winners of which will be announced on 10 August.
Contaminated sites: Pollution without lawful authority? - Who's responsible for site contamination in WA? An important new decision over an old petrol station gives some important answers, as Mark Etherington explains.
Derivatives reform bill - no surprises for Australia's derivatives industry - On Wednesday 25 July 2012, the Australian Government released an exposure draft of the Corporations Legislation Amendment (Derivatives Transactions) Bill 2012, which will establish a framework for the introduction of substantial reforms to Australia's over-the-counter (OTC) derivatives industry.
Direct exposure: Directors' and associates' liability for PAYG and superannuation amounts - Directors and their family members can now find themselves directly exposed to a greater range of tax-related liabilities of companies, as Simon Bowden explains.
D-SIBs to hold additional capital under Basel III - Implications for Australian banks uncertain - While certain banks may not be significant from an international perspective, they nevertheless have an important impact on their domestic economies. Louise McCoach and Alex Chernishev discuss what could be in store for them from Basel III.
Employee leave entitlements go back to the future - Receivers and employees are the greatest losers from a recent chain of court cases. Unless overturned on appeal or by legislation, the cases impose financial burdens on employees and administrative burdens on receivers.
Fewer deals but still plenty of activity: THE REAL DEAL 2012 reveals half-yearly M&A trends - Despite subdued market activity, the first half of 2012 has revealed a number of clear trends that have emerged in public M&A deals as the new financial year gets underway.
Groundbreaking ruling on mutual trust and confidence - A NSW Supreme Court of Appeal bench of five judges recently delivered a groundbreaking decision on implied terms of mutual trust and confidence. In Shaw v State of New South Wales [2012] NSWCA 102, a unanimous court upheld an appeal which followed the District Court judge striking out the mutual trust and confidence claim on the basis that it wouldn't lead to damages.
Is your Calderbank offer clear and capable of being accepted? - Calderbank offers are an important way to get some degree of costs protection, but as Sid Wang, Roxana Carrion and Zara Shafruddin show, you've got to get them properly drafted.
ISDA Eurozone Contingency Planning - New Illegality/Force Majeure Protocol - ISDA's new ISDA Illegality/Force Majeure Protocol is designed to enable parties to amend their 1992 ISDA Master Agreements to bring them into line with the illegality/force majeure provisions in the 2002 ISDA Master Agreement.
Koala populations protected under national environmental law - A proposed action likely to have a significant impact on certain koala populations must now be referred under the EPBC Act, as Karen Trainor and Nicole Besgrove explain.
Light rail strategy for Sydney - The acquisition of Metro Transport Sydney by Transport for NSW heralds a new era for the administration and expansion of Sydney's light rail system, as Stuart Cosgriff and Emily Griffiths explain.
Litigation funding now (lightly) regulated - Litigation funding in Australia is now regulated, but it could encourage under-resourced funders, leaving successful defendants out of pocket.
Margin requirements for non-centrally-cleared derivatives: Basel Committee and IOSCO consultation - The latest proposal to reduce the systemic risk imposed by the OTC derivatives market would apply margining requirements to all derivative products, say Louise McCoach and Mark Wiese.
Members' schemes of arrangement - overview of the court approval process - A members' scheme of arrangement involves an agreement which affects the rights and obligations of a company and its shareholders.
Near enough not good enough when consulting with land owners - How much detail should energy and resources proponents include in negotiation notices, Consultation Notices and notices of entry to get land access? Quite a bit, say Mark Geritz, Tosin Aro and Tim Nielsen.
New reporting requirements for brokers - New market integrity rules will require brokers to report suspicious activities to ASIC.
New Victorian Landholder Duty Model results in broadening of Victoria's tax base - Part 1 - John McGuire and Alison Kennedy explain why the move from a land rich model to a landholder model has broadened the duty base in Victoria with no corresponding trade-off.
Nothing improper in WA Planning Minister's intervention in controversial resource development - Mark Etherington examines a recent decision which puts a spotlight on the intervention by planning authorities when major development pressures (such as in the resources industry) coincide with a transitioning planning framework.
NSW Government unveils proposed new planning system for NSW - The NSW Government's long-awaited Green Paper on a New Planning System for NSW proposes a radical overhaul of the State's planning laws, with a focus on "strategic planning". Other features of the new regime include streamlined approval processes, new planning policies (with public participation front-loaded in the policy development phase), a less detailed Planning Act (with more detail devolved to guidance and good practice advisory notes), and State-wide sharing of infrastructure costs for growth areas.
Privacy and the new APP 8: Cross-border data flows in a world without borders - Proposed changes to Australia's privacy laws mean that organisations will face greater accountability for cross-border flows of information - including for overseas hackers' access and use of it - and they need to start getting ready now, as John Dieckmann explains.
Reporting and AGM season: what to watch for - Companies have some new issues to deal with, directly affecting the planning process for both the AGM and the annual report, as Geoff Hoffman explains.
Selling a privately-owned business: getting the governance right - You're running your own private business well - but what do outsiders think? Will it cost you at sale time? Could you do it better? Nick Miller looks at what you can do now to improve your corporate governance.
Shareholders to get a binding say on current year executive pay? - Now, more than ever, Boards should emphasise the connection between pay and performance, or risk a shareholder backlash, warn Karen Evans-Cullen and Jasmine Sprange.
Start your engines: the treatment of fuels under the Clean Energy Scheme - As the Clean Energy Scheme officially fires into operation, Romany Sloan considers how the Scheme will treat emissions from fuel usage.
The Australian Charities and Not-for-Profits Commission: A step closer to reality - A new exposure draft of the Australian Charities and Not-for-profits Commission Bill has been released for comment. What's changed from the last draft, and should the not-for-profit sector be concerned, asks Simon Bowden.
The Australian Privacy Principles - one set of privacy principles to rule us all Part 1 - Avinesh Chand analyses the new Australian Privacy Principles - what's new, and what's the same? - Part 1
The Australian Privacy Principles - one set of privacy principles to rule us all Part 2 - Avinesh Chand analyses the new Australian Privacy Principles - what's new, and what's the same? Part 2
The parallel importers' defence: how to establish "consent" of the Australian trade mark owner? - Parallel importers have a defence to claims of infringement, but as Mary Still and Jeremy Wade discover, it's not that easy to establish.
The right to appeal an arbitral award: Express may be best - A fundamental philosophy of arbitration is that by agreeing to arbitrate a dispute, parties are bound by the decision of the arbitrator.
What if you were selling your privately-owned business and you had a serious OH&S incident? - An OH&S incident not only hurts employees, but can derail the sale of a privately-owned business and destroy years of effort. Nick Miller and Dan Trindade examine the risks of not getting your house in order - and how to do it.

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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.