February

Are you a large fuel user looking to manage your carbon liability? - The opportunity to opt in to the Carbon Price Mechanism is available for the first time in the 2013-14 financial year. Graeme Dennis, Brendan Bateman, Trisha Cashmere and Robyn Farmer set out the potential benefits.
Are you FOFA ready? The best interests duty - what is appropriate, Part 2 - One of the core changes in the Future of Financial Advice reforms is the obligation to act in the client's best interests. Matthew Daley and Samantha Carroll examine the safe harbour that's available in some circumstances, and what it means to provide "appropriate" advice.
Are you FOFA ready? The best interests duty - what is appropriate? - One of the core changes in the Future of Financial Advice reforms is the obligation to act in the client's best interests. Matthew Daley and Samantha Carroll pick this apart to see what it will mean in practice.
Changes proposed for native title agreement-making - but is more needed? - The Federal Government's proposed changes to native title agreement-making are helpful, but as Tosin Aro and Tim Nielsen ask, do they go far enough?
Clayton Utz 2013 CLE Intensive series gets off to a flying start - Clayton Utz's Continuing Legal Education (CLE) Intensive series for 2013 kicked off today in Melbourne, with over 200 attendees expected to attend the one-day program.
Commercial arbitration: a proportionate liability-free zone? - Does the proportionate liability regime in your jurisdiction apply to commercial arbitrations? That depends, say Andrew Stephenson, Jey Nandacumaran and Sarah Southwell.
Countering tax avoidance - the new Part IVA rules introduced to Parliament - Long-awaited reforms to Part IVA tax laws have been introduced into the Australian Federal Parliament.
Court torpedos pleading injurious falsehood as device to obtain injunction in defamation cases - It seems to be increasingly fashionable to plead injurious falsehood in addition to, or in lieu of, defamation, but as Doug Bishop and Gail Noe show, sometimes following fashion doesn't pay off.
Deferred purchase price/loan note arrangements - Do you have enforceable security? - An agreement (whether or not in writing) to extend the payment date for the purchase of a loan note under a deferred purchase price/loan note financing arrangement amounted to a forbearance to pay (Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue [2013] NSWSC 21)
Directors' duties and foreign bribery obligations - Personal liability for directors in connection with foreign bribery laws is a very real risk. Critical protection is to be found in championing and ensuring a strong corporate culture of compliance with foreign bribery obligations, as Gary Berson, Adel Van Der Walt and Dr Michael Maxwell explain.
Federal Court decides isolated DNA is patentable subject matter - While the recent decision on the patentability of naturally occurring genetic material is a welcome clarification of the law, Deborah Polites and Kezia Adams say it isn't necessarily the final word.
Federal Government introduces new Building Code - The Federal Government has announced that the new Building Code 2013 will take effect from 1 February 2013, replacing the Implementation Guidelines for the National Code of Practice for the Construction Industry.
How will new Federal procedures for dealing with workplace bullying complaints work? - The Federal Government's proposed introduction of a specific complaint process for workplace bullying, with quick and cheap access to the Fair Work Commission, recognises the serious impact of workplace bullying and its importance as a work health and safety issue.
Is this the beginning of the end for mega sexual harassment claims? - Are the days of the massive sexual harassment claims numbered? Courts are certainly scrutinising ambitious claims carefully, if the decision in Richardson v Oracle Corporation Australia Pty Limited [2013] FCA 102 is any guide.
No hits in High Court search for Google liability for its advertisers' representations - Google's publication of misleading advertisements by its AdWords customers did not mean that Google itself had breached section 52 of the Trade Practices Act and engaged in misleading or deceptive conduct, according to the High Court this morning (Google Inc v The Australian Competition and Consumer Commission [2013] HCA 1).
Point of Sale Review - Is its NCCP exemption about to go? - Should point of sale vendors who introduce customers to credit arrangements be regulated under the National Consumer Credit Protection Act? Randal Dennings and Samantha Carroll examine the proposals put forward by the Federal Government.
Queensland local government de-amalgamation polls regulation and other recent developments - The LNP Government's vision for more autonomous local governments in Queensland has advanced with the release of new regulations. Jamie Doran, Emma Moffitt and Erin McCormick see what's in the pipeline.
Second stage of the transfer pricing reforms - Government releases exposure draft - On 22 November 2012, the Government released for public comment the Exposure Draft of the Tax Laws Amendment (Cross Border Transfer Pricing) Bill 2013: Modernisation of Transfer Pricing Rules.
Secured creditor receives proceeds of preference actions after outdoor furniture retailer collapses - The Damilock decision reaffirms that a secured creditor was entitled to receive the proceeds of preference actions brought by a liquidator.
Secured creditors scheme to get Channel Nine deal approved - Peter Bowden, Nick Poole and Paul James pick up the latest in the Nine Entertainment debt saga. What do the court's views on the Scheme of Arrangement mean for debt for equity swaps or similar transactions?
Submissions to Independent Inquiry into Construction Industry Insolvency in NSW due shortly - The period for submissions on wide-ranging reforms to the NSW construction industry recommended by the Independent Inquiry into Construction Industry Insolvency in NSW is closing soon.
The Australian third party access regime moves closer to the US essential facilities doctrine - In 1995, Australia introduced a statutory national access regime which is now contained in Part IIIA of the Competition and Consumer Act 2010 (the Act). The report of the national competition policy review in 1993 recommended that a new legal regime be established under which firms could, in certain circumstances, be given a right of access to specified "essential facilities".
The carbon pricing mechanism is up and running, so what now? - Although the first emissions liability surrender period is not until 15 June 2013, energy consumers and suppliers should be taking steps now to ensure they're ready, as Brad Wylynko and Monty Neate explain.
The never ending story - Federal unlawful discrimination claims may never be out of time - Is there any time limit for unlawful discrimination complaints under Federal law? If a recent decision is followed, maybe not, with serious implications for all employers, as Anna Casellas and Dan Trindade explain.
The Royal Commission wants documents or information that you have - what do you do? - The wide-ranging nature of the Royal Commission into Institutional Responses to Child Sexual Abuse and its information-gathering powers will affect the Government and private sectors alike. Robert Cutler and Avinesh Chand set out how the Commission can compel the giving of evidence and the production of documents, and what you need to do in response.
Top 10 hot tax topics for 2013 - If David Letterman knew anything about tax, he'd do a Top 10 list of hot tax topics. Since he doesn't, Mark Friezer steps into the breach and sets out what you should plan for in 2013.
Transfer pricing Bill a priority for Autumn parliamentary session - The Tax Laws Amendment (Cross-Border Profit Allocation) Bill, which is expected to introduce the second tranche of transfer pricing reforms, is expected to be introduced into Parliament soon.
Transfer pricing reforms bill introduced in Parliament - Long-awaited reforms to transfer pricing tax laws have been introduced into the Australian Federal Parliament.

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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.