April

"Go put some lippy on": recent case demonstrates how not to respond to a bullying complaint - While the Fair Work Commission's stop orders for bullying do not contemplate compensation, Hedy Cray and Laura Hillman say a recent case reminds us of just how much compensation may be awarded for personal injury, breach of contract and breach of statutory duty at common law when bullying is found to have occurred.
ACCC releases draft Immunity and Cooperation Policy for Cartel Conduct for comment - The ACCC hasn't changed its policy on cartel immunity very much, but it has made it easier to understand, say Michael Corrigan and Elizabeth Richmond.
Administrator's ability to approach a court about business decisions: elucidating the discretion - A recent case counters the traditional view that courts are generally not concerned with administrators' daily business decisions and implementation, say Nick Poole, Peter Bowden, and Amel Masinovic.
Australia's Franchising Code will be reformed - what businesses should expect - The Government has released for public consultation draft amendments to the Franchising Code of Conduct, seeking to strengthen the effectiveness of the Code and its enforcement by the ACCC.
BCIPA - important reforms announced! - The Queensland Government has announced significant reforms to the Building and Construction Industry Payments Act 2004 that will come into force later this year.
Changes to the QLeave Scheme from 1 July 2014 - Changes to the QLeave Scheme will change the threshold for paying levies, and the rates themselves, as Frazer Moss and Paul Burton explain.
Clayton Utz acts for NYSE listed AJG on $1 billion Wesfarmers deal - Leading independent Australian law firm Clayton Utz is advising New York Stock Exchange listed international risk management and insurance broking group Arthur J. Gallagher & Co.
Clayton Utz acts on BOQ's $400 million entitlement offer to fund Investec acquisition - A Clayton Utz team has worked alongside our client Bank of Queensland Limited (BOQ) to bring to market a $400m accelerated renounceable entitlement offer capital raising to partially fund BOQ's acquisition of Investec Bank (Australia) Ltd's professional finance business and asset finance and leasing businesses in Australia. The transaction was announced to the market on 11 April 2014.
Clayton Utz advises Macquarie Capital on $450 million Japara Healthcare IPO - Clayton Utz has acted for Macquarie Capital as sole lead manager and underwriter in connection with aged care group Japara Healthcare's proposed $450 million plus initial public offering (IPO), announced to the market on 4 April.
Clayton Utz features prominently among Australia's Best Lawyers - A record number of Clayton Utz partners have been voted by their peers as among Australia's best lawyers.
Clayton Utz partner Karen Evans-Cullen appointed to Australian Government Takeovers Panel - Clayton Utz corporate partner and experienced mergers and acquisitions (M&A) practitioner Karen Evans-Cullen has been appointed to The Takeovers Panel (the Panel).
Crowd control: regulating crowd sourced equity funding in Australia, part I - Crowd sourced equity funding is attracting a lot of interest, but what are the legal requirements? Geoff Hoffman and Hugh Brolsma set out the current state of play, here and overseas.
Declarations might not be a financial penalty, but they can still cost you - Litigants don't always understand that a declaration by a court will stand as a public statement of the entity's conduct, or misconduct, and may have serious consequences for follow-on actions. Edmond Park explains how they work, and what you need to consider if one is proposed.
Dividend reform and red tape reduction - A proposed liberalisation of the dividend rules is the key element in a draft Bill just released by the Government. David Landy and Karen Evans-Cullen pick apart the details.
Draft CFI soil carbon sequestration methodology released - Farmers have new opportunities to benefit from the Australian Government's Carbon Farming Initiative (CFI), and, in turn, may have opportunities to benefit from the Government's Direct Action plan, with the release of a new CFI methodology for sequestering carbon in soils, as Nick Thomas and Alison Packham explain.
Eight questions the Emissions Reduction Fund White Paper needs to answer - The White Paper for the Emissions Reduction Fund (ERF) is expected to be released in April, accompanied by draft legislation. Brendan Bateman and Alison Packham set out eight questions industry hopes will be answered.
Expense Reduction Analysts Group v Armstrong Strategic Management: What happens when privileged documents are discovered by mistake? - Until the decision of Expense Reduction Analyst Group Pty Ltd & Ors v Armstrong Strategic Management & Ors1, the High Court had never considered how privileged documents mistakenly produced to the opposing side during a court-ordered discovery should be dealt with. ).
Insurers' compliance snapshot for ASIC's regulatory drivers in 2014 - A recent speech by Peter Kell from ASIC gives useful insight into some of ASIC's areas of focus for insurers in 2014, as Samantha Carroll and Emma Thompson explain.
Making headway: Issues Paper released for Inquiry into Native Title Act reform - The Australian Law Reform Commission has released its Issues Paper on proposed reform of the Native Title Act. The proposed reforms will have wide-reaching impacts for traditional owners, as well as for government and industry, and Tosin Aro, Mark Geritz and Prue Harvey encourage you to have your say.
Media reform back on the agenda - Communications Minister Malcolm Turnbull put media reform back on the national agenda, commenting that he was sympathetic to industry requests for reform. Kate Jordan and Anna Haynes see what's in play.
New ASX Corporate governance reporting rules - The Corporate Governance Council's new corporate governance disclosure requirements apply for the first full financial year starting on or after 1 July 2014. Rod Halstead and Karen Evans-Cullen set out the main points.
New ASX reporting requirements: economic, environmental and social sustainability - Changes to the ASX Corporate Governance Principles and Recommendations incorporate economic, environmental and social sustainability risk reporting, and apply for new corporate financial years from 1 July 2014, say Nick Thomas and Tom Dougherty.
New enterprise agreements must comply with new Construction Code from tomorrow - Any contractor who wants Commonwealth-funded building work will need to ensure their new enterprise agreements comply with the draft Building and Construction Industry (Fair and Lawful Building Sites) Code 2014 from Thursday 24 April 2014
New legislation will protect indicia and images associated with major sporting events - If you're planning to sell, advertise or otherwise promote goods or services in connection with any of the defined major sporting events, you'll need to understand the Major Sporting Events (Indicia and Images) Protection Bill 2014. Mary Still, Timothy Webb and Sophia Haq set out what you'll need to know.
New protected plants framework for Queensland - There are new approval triggers and processes for clearing protected plants in Queensland, as Kathryn Pacey, Karen Trainor and Juliette King explain.
NSW Biodiversity Offsets Policy for major projects released for consultation - The role and adequacy of biodiversity offsets in the approval of major projects have long been contentious issues, but a new draft Policy seeks to remedy this. Brendan Bateman and Wagih Doueihi see how this will work.
NSW Government releases form of supporting statement to accompany SOP Act payment claims - The NSW Government's released the supporting statement to accompany all payment claims made under the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act) for contracts entered into on or after 21 April 2014.
NSW mining and petroleum authorisation holders to be "fit and proper persons" - A Bill currently before NSW Parliament would replace the "public interest" test for various statutory decisions about mining and petroleum authority with a "fit and proper person" test for authority holders and associates. Nick Thomas and Mark Brady pick through the details.
Payment in lieu of notice may be for "past services" - Payments in lieu of notice under the monetary threshold for termination benefits may not require shareholder approval under the "past services payment" exception, as David Landy and Robbie Walker explain.
Right of entry for safety reasons curtailed in Queensland - Unions in Queensland will have reduced opportunities to influence safety and health issues through rights of entry for safety reasons, following the passage of the Work Health and Safety and Other Legislation Amendment Bill 2014.
Should price signalling laws be extended? - Recent ACCC comments on price signalling laws could themselves be a signal of a view that these laws should be extended beyond the banking sector. Michael Corrigan says this might not be a good idea.
Sowing the seeds of change: Land Access Consultation Draft has improvements and missed opportunities - The next step in reforming Queensland's land access regime is the consultation on a proposed bill. Mark Geritz and Prue Harvey say that while there are some welcome improvements in the draft bill, there are still some unanswered questions.
Standard project alliance agreements - a new approach - Project Owners now have the choice of two standard form project alliance agreements for use on alliance projects. Chris Slocombe examines their key features and differences.
Support person can support but not advocate - The de Laps case suggests that a support person for the purposes of section 387(d) of the Fair Work Act does not have an advocacy role.
The lesser of two evils for Flight Centre - Court hands down penalties - The Federal Court has ordered Flight Centre to pay a hefty fine of $11 million for attempts to induce three airlines into price-fixing arrangements, but if the ACCC had its way, it could have been much higher.
To disclose or not disclose? Some legal guidelines - Mark Waller and Chris Erfurt highlight some risks for boards to consider when deciding how or what to disclose to the market in relation to litigation, and how to manage them before problems arise.
To link, or not to link? The legal risks of linking - When linking, but particularly when engaging in framing, parties should be careful to ensure that the source of the linked material is made clear to the internet user
Unconscionable loans in corporate insolvency: three recent Australian decisions - These three cases arguably demonstrate that a court will, where possible, take allegedly unconscionable interest rates on loans into account when exercising its discretion in an insolvency matter, says Orla McCoy.
What support can a support person give? - When an employee is being performance-managed or investigated, one issue that can arise is the proper role of the support person – but what is a support person? Michael Byrnes explains what they can, and can't do, and why this is important.

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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.