September

Agribusiness: will it blossom or go to seed under the new Coalition Government? - The agribusiness sector is one area which is likely to present both great challenges and opportunities for the new Coalition Government in its first term. Karen Evans-Cullen, Adam Foreman and Paul Wyper set out some of the key.
Anti-bribery and corruption compliance programs – is it always as easy as ABC? - Recent anti-bribery and corruption prosecutions indicate problems arise not from failing to have a compliance program but from having an ineffective one. Randal Dennings sets out the basic steps you can take to detect a failing ABC compliance program.
ASIC shines the spotlight on emerging market issuers - Emerging market issuers should expect greater ASIC surveillance in the future as ASIC raises concerns over governance and disclosure, say Heath Lewis and Liz Humphry.
ASIC toughens up rules on dark pools and high frequency trading - Investment banks will be required to publicly disclose information about their trading activities in dark pools and report suspicious activity under strict new obligations, as Geoff Hoffman explains.
ASX BookBuild to commence in October - ASX will start conducting bookbuilds for listed entity capital raisings from 8 October 2013. Tim Reid sets out what Boards should consider when deciding whether to use the new BookBuild.
ASX corporate governance requirements ramped up - Listed entities will face more onerous reporting under proposed changes to the ASX's Corporate Governance Guidelines, as Brendan Groves, Elissa Tobin and Peter Hamblin explain.
Axing the Tax: What's involved and what are the implications for business? - The new Federal Government has made the abolition of the Carbon Price Mechanism a signature policy. This simple promise translates into a complex challenge, combining legal, political and commercial considerations. Graeme Dennis, Brendan Bateman, Nick Thomas and Robyn Farmer set out the main issues for Government and industry alike
Breach of Code of Banking Practice does not necessarily lead to relief - A mere breach of the Code of Banking Practice should not of itself necessarily result in an adverse finding against a bank.
Claims made policies held by deregistered companies - The fact that a deregistered company's policy was "claims made" did not prevent a direct claim against the insurer under section 601AG, as Mark Waller and Fred Hawke explain.
Decision an insight to approach in new bullying jurisdiction - Harris v WorkPac Pty Ltd places a relatively high threshold to establish workplace bullying and has the potential to inform the Fair Work Commission's future approach.
Directors' liability for corporate conduct: false information and the reasonable diligence defence - A director will not be able to establish that they have exercised reasonable diligence to prevent the commission of an offence if they have supplied the person who committed the offence with false information.
Employers need to plan for new Government's evolution in workplace relations law - Although the Coalition Government elected today promises workplace reform that is more evolution than revolution, employers will need to carefully consider its effect on their operations in the next 12-18 months.
Environmental, social and sustainability risks to be highlighted in corporate reporting - Updated ASX Corporate Governance Principles and Recommendations are set to include a recommendation for listed companies to report on economic, environmental and social sustainability risks. Claire Smith, Nick Thomas and Rebecca Davie pick apart the detail in the proposals and predict what it could mean for listed companies.
Fair Work Commission expects a certain resilience from workers making bullying claims - Should you automatically assume that an employee's hurt, embarrassment or humiliation has been caused by bullying? Maybe not, says Michael Byrnes.
Final version of NSW Renewable Energy Action Plan published - The NSW Renewable Energy Action Plan maps out 24 steps towards attracting investment, community support and expertise in renewable energy projects in NSW, say Graeme Dennis and Robyn Farmer.
How identity fraud in mortgage transactions can affect mortgagees: recent legislative changes - Recent changes to legislation governing mortgages mean that mortgagees that fail to adequately verify the identity of mortgagors risk losing indefeasibility of their mortgages and being placed in the position of an unsecured creditor.
How the rules of procedural fairness may apply to private organisations - James Hird's recent complaint about the way he was treated by the AFL has thrown the spotlight on private organisations' obligations towards their members. Peter Sise and Lara O'Rorke explore when procedural fairness might be a legal requirement.
New general duties for Commonwealth officials - Commonwealth officials (including APS employees) will soon be subject to new general duties based on the director and officer duties contained in the Corporations Act. Brian O'Callaghan and Justin Bernau see what this will mean.
No more phone bill shock? New SMS and email alerts take effect - New usage alerts are the latest in a series of consumer protection measures which have been recently introduced in the telecommunications sector. Bruce Lloyd, Matthew Battersby and Simon Ward warn that as ACMA and ACCC are closely monitoring compliance with the TCP Code and Australian Consumer Law, now is the time to ensure your advertising, sales and customer service practices comply.
Online travel agents' discounts raise competition concerns for UK regulator - what about Australia? - Regulators globally are taking different views about the legality of online discounting, so what should Australian businesses consider? Michael Corrigan, Shameela Karunakaran and Ian Reynolds look at the current state of play.
Only one week left to make submissions on WA mining law reforms - The time for making submissions on proposed amendments to the Mining Act 1978, Mining Rehabilitation Fund Act 2012 and associated regulations is closing fast, so industry participants need to finalise their comments quickly.
Practising the Practice Note - Generally in the NSW Supreme Court evidence must be served before any order for disclosure is granted, following the introduction of Practice Note SC Eq 11. With over a year's experience under their belts, Luke Buchanan and Nadia Latti examine how it's working and the Court's likely approach.
Queensland Mine Safety Framework released for comment - time to have your say - The long-awaited Queensland Mine Safety Framework Regulatory Impact Statement has finally been released for consultation. It outlines the Queensland Government's proposed options to improve mining safety and health and develop greater regulatory consistency with the other States and Territories.
Recent developments in agribusiness - Adam Foreman, Karen Evans-Cullen and Paul Wyper round up what's happening in Australian agribusiness.
Simplicity and incentive? What the Direct Action plan means for business - Unveiled in 2010, Direct Action is the Coalition's policy for climate change. Graeme Dennis, Brendan Bateman, Nick Thomas, Robyn Farmer and Trisha Cashmere explain how it will work, and the carrots and sticks for business.
Social media trade promotions: be aware of the legal issues - Social media trade promotions must comply with the usual law on trade promotions - and a few more that are unique to social media, warn Sharon Segal and Aimee Pomogacs.
The Coalition and CFI - While the Carbon Farming Initiative will continue under the Direct Action Plan, how it will operate is unknown. Graeme Dennis, Brendan Bateman, Nick Thomas, Robyn Farmer and Trisha Cashmere tease out some of the key questions.
The Public Governance, Performance and Accountability Act: implications for CAC bodies - Many of the duties under the new PGPA Act will be familiar to CAC entities, but as Alexandra Wedutenko and Eileen Murphy explain there are some new ones too, and CAC bodies will need to get ready for them.
Victim's compensation: An avenue worth exploring for corporate victims of fraud - A corporation that has suffered loss resulting from an offence committed in New South Wales should consider making a claim for victim's compensation against the perpetrator, as Tobin Meagher, Andrew Moore and Alice Zheng explain.
Victory for Australian Commissioner of Taxation in the first promoter penalties appeal - The Full Federal Court has allowed the Commissioner of Taxation's appeal in the first case on the promoter penalty laws (Commissioner of Taxation v Ludekens [2013] FCAFC 100).
WA Parliamentary inquiry into fracking could mean changes to the regulatory regime - John King and Rebecca Djulbic explain why both current and future proponents need to be prepared for further changes to the regulatory regime for fracking, and could see increases to their compliance costs, as a result of the new WA Parliamentary Inquiry.

Disclaimer

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.