February

1 July changes proposed to the taxation of employee share schemes - Employers should start considering new or updated employee share schemes now.
ACCC enforcement priorities 2015: old chestnuts and new acorns - The ACCC's approach to enforcement remains the same, but it is targeting some new sectors and forms of conduct in 2015.
Compulsory acquisition case has implications for property law in Queensland - Majella Pollard, Brian Noble and Lisa Brereton say that, because of a recent case, registration of a survey plan will now transfer every existing interest referred to in it, with the effect of unilaterally altering terms of an agreement between parties, even if the interest holder has not consented.
Court declines to imply words of limitation into treatment order power - A recent Supreme Court decision provides some insight into how courts approach invitations to read words into a statute. Simon Bailey explains what happened, and why it's important for decision-makers.
Director share trading: it's about the optics, too - In the wake of the David Jones directorial share trading "incident", ASX has revised its Guidance Note on company trading policies, as Geoff Hoffman, Karen Evans-Cullen and Brendan Groves explain.
Employers on a high after positive decisions: how to implement effective drug and alcohol testing - Now is the time to review your company's drug and alcohol policy to ensure it is clear, effective and enforceable, that's the message from recent Fair Work Commission decisions, say Shae McCartney and Patrick Lawler.
Estoppel: will equity help those with unclean hands? - A recent court decision has recognised an estoppel in favour of a plaintiff with less than clean hands. Does this open up the possibility for more cases to be argued on estoppel grounds in the future, asks Philip Dawson.
First Emissions Reduction Fund auction scheduled for 15 April 2015 - Details of the first Emissions Reduction Fund auction have now been released. Brendan Bateman and Graeme Dennis explain what prospective bidders need to do in in the next two months to prepare their bids.
Getting it right: deeds and indemnity and directors and officers insurance - Michelle Hocking says directors and officers who want the most comprehensive protection should insist upon a deed of indemnity.
Getting shipshape (or one hull of a problem): incorporating policies into employment contracts - When does a company's policy become part of the employment contract and create obligations binding on both the employer and its employees? Abraham Ash and Lewis d'Avigdor find some useful guidance in a recent decision by the Full Federal Court.
Improvements proposed to the taxation of employee share scheme provisions - The Australian Government recently released exposure draft legislation designed to improve Australia's tax treatment of employee share schemes. Mark Friezer and Louisa Wu pick through the details.
Independent panel proposes sweeping biodiversity conservation reform for NSW - Major reforms to biodiversity conservation and native vegetation regulation have been recommended to minimise future losses of native biodiversity in NSW, say Nick Thomas and Tom Dougherty.
Leasing negotiations: when can a landlord's promise to a tenant give rise to damages? - Inducements made before entering a lease can give rise to equitable claims – so landlords and leasing agents should be careful, warn Brian Noble and Anna Trevor.
New governance rules make audit committee a priority for Commonwealth entities - As the 1 July deadline for Commonwealth entities to have audit committees with a majority of independent members gets closer, Alexandra Wedutenko and Khash Kamali set out what you need to do to get ready.
New standard form general conditions of contract AS 11000:2015 to supersede AS 4000 and AS 2124 - The familiar Australian standard forms of contract AS 2124:1992 and AS 4000:1997 will go, to be replaced by a new standard contract – but owners/principals and contractors would be wrong to think the new contract will be exactly the same. Victor Lau looks at the key proposed changes.
New year - new foreign investment rules - 2015 sees increased dollar thresholds for notification of foreign investments in Australian businesses, and even higher thresholds for countries which have signed free trade agreements with Australia, as David Landy explains.
No place for outdated restrictions in modern workplace - Glen Bartlett sets out the case for fresh thinking about Australia's industrial relations system.
NSW mining, petroleum and extractive industries face new land acquisition and mitigation measures - Nick Thomas and Tom Dougherty say the use of voluntary land acquisition and mitigation rights for land owners has been clarified under a new framework to manage dust and noise impacts from mining, petroleum and extractive industry developments.
Paying the price for posting provocative personal photos - David Benson looks at a recent case in which personal photos posted on Facebook led to a successful claim of breach of confidence and an award of nearly $50,000 to the victim.
Personal rights not an interest in WA land - Interests in WA exploration licences will only dutiable where they confer a legal or equitable interest on the taxpayer, as Philip Bisset and John Middleton explain.
Red tape to be applied to foreign acquisitions of agricultural land - The Government will implement the Coalition's election commitment to tighten Foreign Investment Review Board scrutiny of purchases of agricultural land with effect from 1 March 2015, as Andrew Hay and Scott Girdler explain.
Riding the outer boundaries of litigation funding - The Victorian Court of Appeal has held that commencing a class action with the predominant purpose of generating legal fees is an abuse of process – but this might not be the last word on the matter, says Andrew Morrison.
Seeking preliminary discovery in commercial arbitration - Arbitral tribunals cannot order preliminary discovery under the Commercial Arbitration Act – and it's not a "matter" warranting mandatory referral to arbitration under section 8 of the Act, as Philip Dawson explains.
The Lima Climate Change Conference: the bumpy road to Paris - The recent Climate Change Conference in Lima suggests the road to Paris and a new international agreement to reduce carbon emissions remains a bumpy one, say Brendan Bateman and Bonnie Perris.
The six phases of an ASIC investigation - and how you can be prepared - If you understand how an ASIC investigation is likely to proceed, you can be better prepared and can ensure any investigation will run as smoothly, and with as little disruption to your business, as possible. Randal Dennings sets out each phase, and how you can be ready.
The Tax White Paper wish-list - With the Tax White Paper soon to be released, Mark Friezer sets out the areas crying out for a serious reconsideration.
Two wrongs don't always make a writ - A recent decision of the High Court highlights the potential risks and consequences for decision-makers who are required to remake decisions on remittal, as Caroline Bush and Mathew Bock explain.
Whistleblowers and the adverse action regime under the Fair Work Act 2009 (Cth) - Divergent approaches to a worker's rights under the Fair Work Act to make complaints or inquiries have given rise to confusion.
Winner! Tips to assist making your online competition a success - David Benson and Sam Fiddian set out the key issues for in-house counsel when reviewing proposed social media competitions.
Workplace relocation: acceptable alternative employment or redundancy? - Employment law practitioners must carefully consider whether a relocation constitutes acceptable alternative employment.

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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.