March

"You've been served": A quick refresher on responding to subpoenas to produce documents - You need to comply with subpoenas - but how? Doug Bishop and Scott Grahame set out the basics.
80% of the effort for 20% of the project: Making the PPP bid process more efficient - Value for money is crucial in PPPs, but at what point does pushing for it become a false economy? And what can be done to make the bid process more efficient? Marcus Davenport looks at some solutions.
A perfect combination makes The Real M&A Deal - Joint bids and bear hugs will feature prominently in Australian M&A in 2012 as uncertain market conditions continue to heavily influence bid strategies and the way deals are structured.
A rocket in Equity? NSW Supreme Court to require evidence before discovery - Directions for pre-trial procedural regimes in the NSW Supreme Court's Equity Division are changing! The Registrar is altering consent orders so that evidence is required before discovery. Are the "rocket docket" concepts about to hit the Equity Division?
ACCC sets out its five priorities for 2012 - The ACCC under a new Chair has highlighted its intentions to use the new tools conferred by recent changes to the Competition and Consumer Act. Michael Corrigan looks at the regulator's priorities for 2012.
ACCC to home in on unconscionable conduct - Businesses beware - unconscionable conduct under the Australian Consumer Law is still somewhat vague as a concept, and the ACCC is looking for test cases to clarify it, say Adrian Kuti and Claire Cogswill.
Administrative decision-making, confidential information, and procedural fairness - When making a decision that affects a person's rights or interests, adverse information, even if it is of a confidential or personal nature, may need to be provided to the person affected by the decision, as Avinesh Chand and Barry Dunphy explain.
An officer and a defendant - Geoff Hoffman and David Landy look at a recent decision which shows how personal corporate responsibility is increasingly filtering down to the managerial level.
ASIC looks at revising regulation of platforms - ASIC has turned its attention to the regulation of IDPS and IDPS-like schemes, given the continual change and significant growth experienced by this sector. Matt Daley and Vanessa Pallone look at ASIC's proposed guidance for improving platform regulation.
Australian Government looks at extending mandatory deposit to electronic materials - As more and more material is produced solely in an electronic form, should its publishers be required to deposit an electronic copy with Australia's National Library? That's the question at the heart of the Australian Government's new consultation paper "Extending Legal Deposit".
Australia's trade mark laws get a mini-makeover - Australia's trade mark system is being made more user-friendly. Deborah Polites, Melanie Keith and Richard Hoad set out the main changes.
Avoid making statements you can't stand by - The late US journalist Earl Wilson once warned: "If you wouldn't write it and sign it, don't say it". He probably didn't have in mind the Australian legal system, but his simple advice is a useful rule of thumb for Australian businesses today.
Clayton Utz advises Extract Resources Limited on $2.2B takeover - Clayton Utz is advising ASX/TSX/NSX listed Extract Resources Limited (Extract) in connection with the $2.2 billion recommended unconditional cash offer by Taurus Mineral Limited, an entity owned by Chinese state-owned CGNPC Uranium Resources Co. and the China-Africa Development Fund.
Clayton Utz congratulates NBN Co on important milestone - Clayton Utz has congratulated NBN Co on reaching an important milestone in the delivery of the first national wholesale-only, open access broadband network to all Australians - the largest infrastructure project ever undertaken in Australia.
Clayton Utz four named 'Lawyers of the Year' in 2012 Best Lawyers Australia list - Four Clayton Utz lawyers have been recognised by their peers as among Australia's best lawyers, according to the results of the 2012 Best Lawyers Australia peer review.
Clayton Utz named an EOWA equal opportunity employer - Clayton Utz has been named an Equal Opportunity for Women in the Workplace Agency (EOWA) 2012 Employer of Choice for Women (EOCFW) in recognition of the firm's continued investment in initiatives to support women in the workplace.
Direct me if I am wrong...: Early Sales in Voluntary Administrations - One could almost be forgiven for thinking that nowadays delayed second creditors' meetings are just par for the course.
Earn-out doesn't immunise against business failure - Nick Miller and Sam Cottell look at a major court case highlighting the importance of precise drafting in an earn-out provision in a share sale agreement.
Enforcing foreign judgments in Australia: A case study - Your strategy for enforcing a foreign judgments in Australia must be tailored to accommodate the particular factual circumstances of the foreign judgment, say Douglas Bishop, Scott Grahame and Garth Williams.
Equal employment opportunity: A new phase for gender equality - The inclusion of men in the Equal Opportunity For Women In The Workplace Amendment Bill 2012 brings with it a new era for equal employment opportunity, as Cynthia Elachi explains.
Expanding Australia's copyright safe harbour scheme: the industry response - Should Australia's copyright safe harbour scheme be extended? Timothy Webb and Jessica Cowell look at the proposed changes, and what various sectors think about them.
Explaining the Durban Platform: what lies ahead? - The United Nations Framework Convention on Climate Change (UNFCCC) negotiations held in Durban last November resulted in a suite of decisions, including an "agreement to agree" to develop a successor agreement to the Kyoto Protocol which legally binds all parties to the UNFCCC. This is a milestone for international climate change negotiations setting the challenge for the international climate change negotiations and mapping out the future of global climate change action, at least as far as 2020.
Faster, higher, stronger - patent law reform in an Olympic year: Part 1 - The Intellectual Property Amendment (Raising the Bar) Bill will make significant changes to the patent system, designed to discourage speculative patents and make it more difficult to obtain patent protection, as Richard Hoad and Deborah Polites explain.
Firesales in voluntary administration - Although the Australian voluntary administration regime served as the model for the UK administration system, one notable difference has emerged between the two systems: pre-packs.
High Court upholds constitutional validity of race fields fees - The High Court decisions in the Sportsbet Pty Ltd and Betfair Pty Ltd provide much needed certainty for the NSW race fields regime, and, in a broader sense, for the variety of other legislative race fields regimes around Australia.
Is the tide turning? NSW Government proposes lifting ban on uranium exploration - Nick Thomas, Samy Mansour and Dean Gerakiteys look at what we know - and still don't know - about the NSW Government's proposal to lift the ban on uranium exploration.
Legal process outsourcing - a cost-saving scheme which might end up costing more - Litigants are increasingly using legal process outsourcing as a way of reducing legal costs, but unless proper checks and balances are put in place, these services could end up costing you more, warn Victor Lau and Vanja Bulut.
Marine pollution law in NSW is brought into line with MARPOL - Claire Smith and Dean Gerakiteys explain why ship masters and owners will have to implement more comprehensive waste management and emergency planning and reporting procedures.
Mining, CSG or agriculture? NSW Govt seeks comment on Strategic Regional Land Use Policy details - Land use and resources projects in the Upper Hunter and New England areas are under the microscope with the NSW Government's release of new draft plans and guidance on high-quality agricultural land, water, and mining and coal seam gas projects.
Moving towards a Clean Energy Scheme: Exposure Drafts released for comment - Exposure draft regulations amending the Clean Energy Regulations 2011 and the National Greenhouse and Energy Reporting Regulations 2008 have been released for public comment.
New "KYC" requirements on witnessing statutory declarations and affidavits - It might be most notorious for the conferral of powers on police officers to require persons to remove face coverings for the purposes of being identified, but the Identification Legislation Amendment Act (NSW) 2011 does a couple of other things - making it legislation which both civil and criminal law practitioners need to be aware of.
One ex-officeholder, multiple contracts - Receivers of a failed company have been unable to convince the Federal Court that statutory restrictions on termination payments reduced a senior executive's payout entitlement, as David Landy and Joe Catanzariti explain.
One good reason to take care before threatening legal action in copyright disputes - Be careful when you claim someone has infringed your copyright, because an unjustifiable claim can be expensive, warn Mary Still and Jess Cowell.
Queensland statutory land valuations to be issued from 28 March 2012 - The Valuer-General has announced that the statutory land valuations for Queensland will be issued from 28 March 2012.
Resolution of disputes in China - What it means for Australia - What is arb-med and what are its advantages? Victor Lau and Vanja Bulut look at what could be the next big thing in international arbitration.
Root and branch reform, or just a tidy-up? Federal Government looks at reforming contract law - A potentially very far-reaching reform of Australian contract law could be in the pipeline, says Scott Crabb, but at this stage no concrete proposals have been made.
Selling a privately-owned business: what does a buyer look for? - What are some of the issues that private business owners should be thinking about now to ensure they're ready when the big purchase offer comes? In the first of a series of articles, Nick Miller focuses on the buyer's perspective, and the sorts of problems they perceive in privately-run businesses.
Setting aside an arbitrator's award because of breaches of natural justice - A recent Queensland decision is a reminder to arbitrators and parties alike of the importance of dealing with all the issues that arise in an arbitration, says Phillip Coady.
Setting the course for OH&S policy and enforcement: the Australian Work Health and Safety Strategy - The draft Australian Work Health and Safety Strategy 2012-2022 sets targets and priorities for regulators, so this is an important opportunity to help shape OH&S for the next decade, say Shae McCartney and Joe Catanzariti.
Should Australia legalise interactive gambling services, 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 (Discussion Paper).
So, you've rebuilt your renewable energy power station. Are you eligible for more RECs? - Don't assume you can clear out a generating baseline for renewable energy certificates, and create more RECs, just because you have redeveloped your power station, warn Nick Thomas and Trisha Cashmere.
The MAC is back? - Despite their popularity, it is widely accepted that it is notoriously difficult to establish that a material adverse change (MAC) condition has been triggered, say Karen Evans-Cullen and Jonathan Algar.
Transfer pricing… legislative change, 30 years in the making - The Australian Government has released an Exposure Draft of proposed retrospective amendments that will implement the first stage of reforms to transfer pricing , as Carynne Howitt explains.
Unlisted property schemes: new disclosure rules - ASIC has finalised its new disclosure policy for unlisted property schemes. These changes will start on 1 November this year, and apply to all new PDS issued on or after that date.
Victoria gets new FOI Commissioner - and agencies some new FOI requirements - Victoria is the latest State to amend its FOI laws. Sally Sheppard looks at how far the changes go, and what agencies will need to do to prepare.
Will the bear hug replace the hostile takeover? - Why are so many public M&A deals announced with an initial target recommendation? And what do regulators make of this? Karen Evans-Cullen looks at the recent trend towards bear hugs and what this means.

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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.