April

Are you FOFA ready? Other banned remuneration - In our latest article on FOFA implementation, Matthew Daley and Erik Setio look at the ban on volume-based shelf-space fees and the ban on asset-based fees on borrowed amounts.
Are you FOFA ready? The conflicts priority rule - putting your client first - The new "conflict priority rule" in the FOFA reforms might seem insignificant, but looks can be deceiving, say Randal Dennings, Samantha Carroll and Eibhlin McBride.
Australian corporate regulators remain wary of social media - Is a tweet enough for your continuous disclosure obligations? Karen Evans-Cullen looks at the different views taken here and in the US to the use of social media to distribute company information.
Be reasonable! Protecting the costs benefits that may arise from an offer to settle a dispute - Courts encourage parties to settle, in part by offering a costs benefit where a reasonable offer to settle is made - but what is reasonable? Peter Sise considers the reasonable offer (and the reasonable rejection) in the light of two recent cases.
Clayton Utz advises Tox Free Solutions on $85 million Wanless acquisition - Clayton Utz is acting as legal counsel to ASX-listed integrated waste management and industrial service company Tox Free Solutions Ltd ("Tox Free") in respect of its acquisition of the assets and business of Wanless Enviro Services Pty Ltd, Smart Skip Pty Ltd and Jones Enviro Services Pty Ltd, and certain of the assets of Wanless Enviro Asset Management Pty Ltd.
Clayton Utz congratulates Joe Catanzariti on appointment to Fair Work Commission - The appointment of Clayton Utz Workplace Relations partner Joe Catanzariti as a Vice President of the Fair Work Commission reflects his longstanding reputation as one of the country's foremost industrial relations lawyers.
Clayton Utz has the Best Lawyers in Australia - Clayton Utz has featured prominently in the 2013 Best Lawyers Australia list, with a record 12 partners voted by their peers as 'Lawyer of the Year' in their areas of specialisation and main jurisdiction of practice.
Code Red: Less than 30 days to comment on draft Credit Reporting Code of Conduct - The draft Credit Reporting Code (CR Code) supplements, amplifies and clarifies new requirements for handling credit reporting information that will take effect on 12 March 2014 along with several other major changes to the Privacy Act.
Commencement of greentape reduction reform amendments - what does it mean for ERA operators? - How will Queensland's new environmental licensing regime affect you? As Karen Trainor and Ian Motti show, for some it will be business as usual, but the complex transitional provisions mean you can't assume it.
Exposure draft gives foreign funds last chance to shape Investment Management Regime - The last piece of the Investment Manager Regime has been unveiled in the form of draft legislation, say Kirsten Fish, Anna-Maria Stephens and John Boyagi
Foreign investment in minerals liable to less capital gains tax - Australia's domestic laws limit the liability of foreign residents to Australian capital gains tax (CGT) to instances involving direct and indirect interests in land - but what is "land"?
Hasn't that claim been excluded? - Will your exclusion clauses and limitations of liability cover claims in unjust enrichment or restitution? Maybe not, says Scott Crabb.
Have faith: Guidance on common issues in native title negotiations - What is negotiating in good faith when it comes to the Native Title Act? Mark Geritz, Tosin Aro and Prue Harvey look at why one party's efforts to get around roadblocks in native title negotiations did not mean it wasn't in good faith.
Information Security Guidelines released to mark start of Privacy Week 2013 - The Information Security Guide provides guidance to public sector agencies and private sector organisations (entities) on the steps that they should be taking to protect personal information they hold from misuse, loss and from unauthorised access, use, modification or disclosure.
Invasion of privacy? There's an app for that - More and more of us are using mobile phone apps, but do we know what information we're handing over? New draft guidelines to help developers understand privacy laws and warn users are open for public comment, as David Kreltszheim and Christopher Hibbard explain.
Legitimate performance management not adverse action - A recent Federal Court decision upheld that performance management arising out of legitimate concerns and motivated by good management outcomes does not amount to adverse action.
Loan to own transactions Part 1: The basics and structuring - Loan to own transactions are becoming more and more common - but what do they involve, and when are they appropriate? Graeme Gurney and Matthew Wilson set out the basics to help you understand what's involved in the acquisition of debt via loan to own.
Making advertising comply with the Australian Consumer Law: Court finds answers in TPG's fine print - Matthew Battersby and Michael Corrigan discuss the lessons for advertisers from the recent TPG case about their obligations under the Australian Consumer Law.
New White Paper would make NSW planning system more strategic and community-based - The NSW Government's long-awaited White Paper - A New Planning System for NSW builds on the Green Paper on a New Planning System for NSW released last year to create what the Government hopes will be a strategic, streamlined and depoliticised planning system.
Queensland Government releases recommendations of the review of the Crime and Misconduct Act 2001 - Queensland's public sector watchdog the Crime and Misconduct Commission has been under review. Eleanor Dickens and Barry Dunphy report on the 17 recommendations for reform and where to from here.
Queensland Land Court: Key forum for mining and petroleum - With substantial economic development in Queensland reliant on the mining and petroleum industry Dan Howard and Georgina McWhinney take a look at the role of the Queensland Land Court as a key decision-making forum.
Response to the Collins Inquiry in Construction Industry Insolvency: bonds, new offences - The NSW Government has accepted some of the key recommendations of the Recommendations of the Independent Inquiry in Construction Industry Insolvency in NSW, including the introduction of bonds.
Royalty rebate for Western Australian magnetite miners - Brett Cohen and Mark Joss explain the new 50% royalty concession on royalties applicable to the first year of magnetite production.
Tendering for coal exploration tenements in Queensland - where to now for Restricted Area 394? - A new tendering system is now in place for coal exploration permits in Queensland, but the previous moratorium on new coal-related tenement applications still exists. Prue Harvey and Mark Geritz discuss how the new tender system works and whether Restricted Area 394 should now be lifted.
What has been the effect of the Carbon Price on the electricity market? - Everyone seems to have an opinion on the carbon price, but what are the facts? Graeme Dennis examines nine months of data to find the impact of the Carbon Price Mechanism on the National Electricity Market.
When opportunity knocks, don't let a contingent reasonable endeavour obligation stop you answering - Does a reasonable endeavours clause restrict a supplier's ability to exploit other commercial opportunities? Peter Wiese and Jeremy Wilkin find some guidance in a recent case.
Where to now for negotiated settlements? - Negotiated settlements with regulators such as the ACCC and ASIC avoid the time, cost and uncertainty of protracted and complex litigation in civil penalty cases. However, if the approach in the recent Victorian case of ASIC v Ingleby [2013] VSCA 49 is followed, it is unclear whether they will continue to be approved by the courts.
Workplace bullying reforms: Fair Work Commission to deal with bullying claims - On 12 February 2013, the Hon Bill Shorten MP, Minister for Employment and Workplace Relations, announced that the Government would introduce a number of reforms to tackle what the Minister described as "the hidden scourge of the workplace".

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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.