June

"Direct provision of relief" not a criterion for public benevolent institutions in tax law - There can be tax advantages if you're a public benevolent institution – but what are the criteria? The scope has just broadened, meaning more organisations might qualify, say Mark Friezer and Louisa Wu.
ACCC takes action against Jetstar and Virgin for alleged drip pricing practices - The Virgin and Jetstar proceedings show that the ACCC is following through on its announcement to crack down on so-called drip pricing practices by online businesses, as Bruce Lloyd, Ian Reynolds and Matthew Battersby explain.
ACCC to regulate wholesale SMS services for the first time - Both wholesale mobile voice and SMS termination will be regulated from 1 July 2014 with the ACCC looking at setting regulated prices for SMS termination services, say Bruce Lloyd, Matthew Battersby and Davida Simpson.
After the school chaplains case, where to now for Commonwealth funded programs? - For the second time in two years, the High Court has found the Commonwealth's funding arrangements for the National School Chaplaincy and Student Welfare Program are invalid, casting doubt on the validity of many similar schemes providing around $40 billion in funding (Williams v Commonwealth of Australia [2014] HCA 23).
Aren't they just contracts? The difference between deeds and agreements - Is it a deed, or is it an agreement – and does it really matter? Stuart MacGregor and Damien Cooling explain what the differences are, and why you need to know them.
Causation and global claims under construction contracts - A recent decision of the New South Wales Court of Appeal confirms that there has been no relaxation by Australian courts of the requirement that a plaintiff must prove causation in the context of a global claim, say Phil Dawson and Louise Dargan.
Changes to WA's Aboriginal Heritage laws open for comment - The WA State Government is seeking comment on a draft Aboriginal Heritage Amendment Bill 2014
Clayton Utz advises Amcom Telecommunications Limited on successful $40 million placement - Clayton Utz has advised ASX-listed information technology and telecommunications company Amcom Telecommunications Limited (ASX: AMM) on its successful $40 million placement of shares to sophisticated and professional investors, announced today.
Clayton Utz joins business community at 2014 Vinnies CEO Sleepout - Matching last year's effort, 10 Clayton Utz partners will again join business leaders around Australia in spending tonight in the cold to raise awareness of homelessness as well as funds to support St Vincent de Paul Society's essential homeless services across the country.
Coming soon - standardised resources legislation in Queensland - Queensland has taken the first step in modernising its resources legislation. Mark Geritz and Prue Harvey see what this will mean for the industry.
Crowd control: regulating crowd sourced equity funding in Australia, part 2 - CAMAC's proposal for crowd-sourcing in Australia may be the most important capital raising measure for small companies since the 1984 advent (and 1992 demise) of ASX's second board, say Geoff Hoffman and Hugh Brolsma.
Doing Business in Australia: Contract law - Matthew Johnson and Julia Millar set out the basics of Australian contract law in this article taken from Clayton Utz's Doing Business in Australia, the essential guide for investors and business exploring commercial opportunities in Australia.
Expanded powers and tougher penalties for environmental offences in NSW - Under proposed NSW Government reforms, the NSW EPA and the Land and Environment Court will have increased powers to scrutinise and punish polluters and non-compliant operators, as Claire Smith and Brendan Bateman explain.
Furthering the reach of class actions: Gray v Cash Converters - Must each class member have a claim against each respondent? A new decision of the Federal Court might help resolve this long-running controversy, as Ross McInnes and Nina Markovic explain.
Government introduces Emissions Reduction Fund laws into Parliament - along with some changes - The centrepiece of Government's Direct Action Policy, the ERF Bill, is now in Parliament. How far does the Bill differ from the earlier draft version, and does it answer all questions raised by that draft? Nick Thomas, Brendan Bateman, Graeme Dennis and Alison Packham set out the key changes – and challenges.
Major changes for the Queensland resources sector: Regional Planning Interests Act commences today - The Regional Planning Interests Act 2014 commenced today by proclamation, and will have significant implications for the resources industry as it creates a new approval requirement for resource activities and certain "regulated activities".
Manus Island arrangements are constitutional, says High Court - In Plaintiff S156/2013 v Minister for Immigration and Border Protection the High Court upheld the constitutional validity of provisions of the Migration Act which concerned the power of the Minister to designate a country as a regional processing country.
Reasonable overseas redeployment: final destination or mirage? - Although a claim for international redeployment is easily made, at this stage it appears at best a theoretical possibility rather than a practical reality.
Redemption of units from a non-liquid MIS - The High Court clarifies the position in respect of the withdrawal offer provisions for registered managed investment schemes. Matthew Daley and Mary Konstantopoulos see what this will mean for responsible entities, and schemes generally.
Shareholder class actions dodge a bullet - By allowing the defendants to challenge the presumption of reliance at an early stage, the US Supreme Court in Halliburton took a small step forward in reducing the costs of shareholder claims. Ross McInnes, Nicholas Mavrakis and Shamus Toomey explain why this matters in Australia.
Significant changes proposed to Queensland's electricity market - More retail price competition in the South East Queensland electricity market, and the introduction of the National Energy Retail Law, are on the way – but with some modifications to reflect local conditions, as Dan Howard and Damien Cooling explain.
Strong showing by Clayton Utz among finalists at 2014 Australasia Women in Business Law Awards - Several Clayton Utz women are in contention for Best Lawyer awards at the 2014 Euromoney LMG Australasia Women in Business Law Awards, the winners of which will be announced in Sydney on 7 August. The Awards celebrate the achievements of leading women lawyers across the region.
Take care when providing information to the EPA - A NSW Court has found a company and its directors guilty of giving the Environment Protection Authority misleading information in its Annual Return. Nick Thomas says this sends a powerful message that information given to the EPA must not be false or misleading.
The long arm of carbon pricing: your long-term supply contract might allow costs to be passed on - If you're a party to a long-term supply contract, a recent decision reinforces the need for you to carefully consider its wording to determine if carbon pricing costs can be passed on, says Brendan Bateman.
Victorian EPA's new guideline clarifies its approach to decision-making on works approvals - A new Guideline will help ensure the EPA has the required material to properly consider the approval application, which could mean quicker decisions, as Emily Wilde and Sophie Marjanac explain.
When can a liquidator get his or her costs and expenses? - Provided a liquidator is acting properly in conducting proceedings or realising assets, he or she is entitled to be paid fees in priority to a secured creditor, says Maria Ratner.
Where to now for Commonwealth grants programs post-Williams (No 2)? - The implications of the High Court's decision in Williams go beyond the Chaplaincy Program, and Agencies will need to review their programs for potential invalidity, as Alexandra Wedutenko and Lisa Keeling explain.

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.