December

$30 million Cyber Security Growth Centre intended as a global leader in the cyber security industry - The Federal Government's new Cyber Security Growth Centre is intended to create business opportunities and reinforce Australia's cyber security industry, say Alexandra Wedutenko and Shirley Chung.
Balancing the rights of NT mining, petroleum and agriculture: a new land access agreements process - Margaret Michaels and Nicole Besgrove see how the Northern Territory Government's new process manages land access agreements between the mining, petroleum and agriculture industries.
Christine Bartlett to join Clayton Utz Board as external director - The Board of Clayton Utz is pleased to announce the appointment of Christine Bartlett as an external director, with effect from 1 January 2016.
Clayton Utz continues building a more environmentally sustainable practice - Nationwide paper reduction programs and an environmental management system are helping Clayton Utz make substantial strides towards reducing our impact on the environment.
Clayton Utz tops 2015 Movember Legal Challenge raising over $40,000 for men's health - Clayton Utz is proud to have again supported the Movember Foundation, raising over $40,000 and securing the Highest Fundraising Company title for the Movember Legal Industry Challenge for the third consecutive year.
COP21: Fin (for now) - The Paris Agreement at COP21 falls well short of the effort required to meet the long-term goal, but it does establish a framework to ratchet up mitigation ambition over time.
COP21: Moving into the home strait with a draft text - There will be considerable work and little time to bridge the remaining differences if the Paris agreement is to meet the expectation of members for a robust and ambitious agreement.
COP21: the challenges laid out - There are two obstacles at COP21 to achieving its aim of limiting global warning to less than 2 degrees.
COP21: the final countdown has started, but still some way to go - The most recent drafts include a number of significant changes from those issued only 24 hours earlier, indicating there is a distance to go yet before landings on all issues are achieved.
COP21: The French throw down the gauntlet with new draft text - The reaction of those parties to the challenge presented by these latest drafts at COP21 will determine whether an agreement is achieved.
Cross-border insolvency provisions at work - Cross-border insolvencies and restructuring might sound challenging, but there are some mechanisms that can make the process run surprisingly smoothly. Peter Bowden sees how they worked in a Japanese shipping company's attempt to restructure its long-term charters.
Crowd control: regulating crowd sourced equity funding, part 4 - Geoff Hoffman bears good news: crowd-sourced equity funding may soon be legal in Australia. And some not-so-good news: most small companies will not be able to use it.
Engaging an expert for dispute determination - Expert determination clauses are common, but disputes about their operation are almost as common. Karen Ingram, Lauren Stewart and Blair McEwan lay out the basics for ensuring your expert determination clause works as intended.
High Court extends sham contracting provision to triangular arrangements - An employer cannot avoid the sham contracting provision in section 357 of the Fair Work Act 2009 (Cth) by introducing a third party (such as a labour hire company) into the contractual arrangements, following today's High Court of Australia decision in Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45. Clayton Utz acted for the Fair Work Ombudsman.
Hilary Heilbron QC gives 14th Annual International Arbitration Lecture - The increased diversity of tribunals and the greater exercise of discretion probably make predicting outcomes more difficult, but it appears that is a price parties are prepared to pay, according to Hilary Heilbron QC, who gave the 14th Annual Clayton Utz / University Of Sydney International Arbitration Lecture.
In the course of employment - have the goalposts moved again? - The dividing line between private and work-related conduct might not be as bright as we thought, following a recent decision. Dan Trindade and Jennifer Winckworth see what this will mean for employers and workers' compensation.
Leading government partner to join Clayton Utz in 2016 - Clayton Utz is pleased to announce that Dr Ashley Tsacalos will join the firm's national Public Sector practice as a partner in 2016, based in Sydney.
Lenders' ability to independently enforce their rights under a syndicated loan agreement - Individual lenders under a syndicated facility agreement may not have an independent right to recover their respective portion of a facility following default, according to a recent Hong Kong decision. Maria Ratner and Dan Peach explain what this will mean for lenders under syndicated loan agreements.
Misuse of market power: will 2016 be the year for a new law? - Kirsten Webb and Mihkel Wilding explain the six options put forward by the Government to amend the misuse of market power provisions in section 46 of the Competition and Consumer Act 2010 (Cth) to capture conduct which has the purpose or effect of substantially lessening competition.
Negotiating agreed penalties with regulators is OK, says High Court - Regulators and the businesses they regulate can avoid lengthy court proceedings and negotiate an agreed set of facts and a proposed penalty, following a decision by the High Court this morning.
New dangers in safe harbour rules - You can lead a director to the safe harbour, but you can't make him drink.
New Property Guidelines for Commonwealth Leases: ensuring your next property procurement complies - New Guidelines for the Commonwealth lease endorsement process mean Agencies should start considering surplus space options upfront, and factoring in additional compliance costs, say Danielle Mildren and Helen Sheridan.
Ninth planning, building and environment legislation amendment bill introduced into ACT Parliament - Nicole Besgrove and Claire Smith explain the latest changes to ACT planning law.
Ordinary and customary: three simple words but 30 years of confusion - The Fair Work Commission has recognised that, in a contracting environment, loss of contract is an ordinary and customary feature of business, in a decision that will have significant implications for employers' obligations to make redundancy payments, as Dan Trindade and Matthew Condello explain.
Parental leave and returning to work: when can you legitimately refuse a request for part-time work? - Employees returning to work from parental leave have a statutory right to request part-time work, but an employer is not obliged to automatically accept the request, as Michael Byrnes and Jacqui Ellis explain.
Records management refresher: Make sure you're not a paper dinosaur or a digital disaster - If you're looking for something to do in the New Year, a health check of your information management system should be high on your list of New Year's resolutions ? and it's one you should keep, as Alexandra Wedutenko and Natasha Smith explain.
Safe harbours and unenforceable ipso facto clauses on the way for Australian insolvency law - The Australian Government has expressed a willingness to legislate to introduce at least two main recommendations of the Productivity Commission's long-awaited Report on Business Set-up, Transfer and Closure.
Serious Data Breach Notification Bill - exposure draft released for consultation - The Federal Government released a discussion paper and an exposure draft of the Privacy Amendment (Notification of Serious Data Breaches) Bill 2015 yesterday for public consultation.
Sovereign's immunity against suit doesn't stop registration of foreign judgments - Sovereign states can be sued in Australia over bond defaults, and certain foreign judgments registered and enforced here too, but getting access to their funds to pay the judgment debt is a more complicated matter, following a decision by the High Court (Firebird Global Master Fund II Ltd v Republic of Nauru [2015] HCA 43 ? Clayton Utz acted for Firebird).
Tasmania set for a single State-wide planning scheme - A single Tasmania-wide planning scheme is on the way, say Nicole Besgrove, Claire Smith and Damien Gardiner.
The South Australian Budget Bill finally receives Royal Assent - South Australia has abolished stamp duties on all non-real property transactions.
Unfair contract term protections: tips for the IT industry - With protections being extended to small business in late 2016, suppliers in the IT industry should be reviewing their B2B standard form contracts now for unfair terms, says Sharon Segal.
Watch this space: High Court challenge to validity of Government contract - Tim Gordon and Emily Costello say that if the Acquista appeal is upheld, there could be more challenges to seemingly valid contracts by third parties such as disgruntled competitors, unsuccessful tenderers and public interest bodies.
WHS prosecutions: More particulars please! - How precise must a regulator be when alleging breaches of workplace health and safety? Very specific, says Hilary Searing, following a recent case.

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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.