November

14th annual Clayton Utz International Arbitration Lecture focuses on unpredictability - Unpredictability in the practice of international arbitration will be brought into focus by leading international arbitrator and guest lecturer Hilary Heilbron QC at tonight's annual Clayton Utz International Arbitration Lecture in Sydney.
ACCC says it's the time to review standard form contracts with small business - The current protections for consumers against unfair contract terms in standard form contracts have now been extended to small businesses, and will come into force on 12 November 2016. Bruce Lloyd, Adrian Kuti and Simon Ellis set out what you have to do now.
APS 120 Securitisation: Light at the end of the tunnel - and it isn't a train! - The Australian Prudential Regulation Authority released a draft amended Prudential Standard APS 120 yesterday, and in good news for the industry APRA has listened to and considered feedback on the previous Discussion Paper, of April 2014, and in many instances has responded favourably to the feedback.
Beware of adverse action risks when implementing outsourcing arrangements - Industrial and employment protections and commitments are to be adhered to and respected, or appropriately re-negotiated, even when they are perceived to "cost" an employer more, or make for a less "flexible" workforce.
Building Queensland – it's official! - Building Queensland has been formally established as an independent statutory body, say David Lester and Dan Peach - now it must deliver objective and transparent advice to enable better infrastructure decisions and to identify a pipeline of priority projects.
Caught in the cross-fire: self-incrimination in a regulatory investigation - Luke Buchanan, James Robinson and Annella Cox explain when and how individuals can rely on the privilege against self-incrimination - and some of its limitations.
Changing the changes: amendments to Qld's water legislation - Some - but not all - of the changes made by the Water Reform and Other Legislation Amendment Act 2014 introduced by the former government will now be reversed. Kathryn Pacey and Rachel Long look at what's planned for Queensland water law.
Clayton Utz acts for JLMs on the first-of-its-kind simple corporate bonds offer by Australian Unity - Clayton Utz has acted on Australian Unity's offer of Series B Australian Unity Bonds to raise approximately $200 million, announced to the market yesterday. The offer represents the first in Australia under the simple corporate bonds regime introduced in 2014.
Clayton Utz congratulates NT Government on $800 million NEGI pipeline project milestone - Clayton Utz congratulates our client the Northern Territory (NT) Government on successfully closing the first stage of the landmark $800 million North East Gas Interconnector (NEGI) project.
Clayton Utz named as a WGEA Employer of Choice for Gender Equality - Leading Australian law firm Clayton Utz is one of just 90 employers to be awarded an Employer of Choice for Gender Equality (EOCGE) citation, announced by the Workplace Gender Equality Agency (WGEA) today.
Current INDCs for COP21 won't reduce emissions enough: UN report - A new UN report, released as part of the run-up to COP21, says the full implementation of current international emissions reductions pledges will not achieve emissions reductions sufficient for a 2°C limit - at best, they will achieve 2.7°C.
Data breach preparedness: How can the OAIC guide to developing a data breach response plan help you? - The new consultation draft Guide to developing a data breach response plan is not simply an opportunity to make a comment - Narelle Smythe says that smart businesses will review their privacy framework and data breach response plans in the light of the OAIC's views.
Dismissed for alleged harassment: a total slap in the face - While it is probably never a great idea to joke about punching someone in the head, it might not be a strong basis for sacking an employee, say Abraham Ash and Elodie Cheesman, who explain why employers continue to face a high bar when deciding to dismiss an employee for misconduct.
Disruptors bring challenging times for regulators - and some innovations - Regulators responding to disruptive business models will face many regulatory challenges. While there is no "one size fits all" solution, Eleanor Dickens says there are some key principles which can assist to guide regulators to deliver responses which are innovative, balanced and appropriate.
Five big opportunities for the new small business CGT rollover - For some taxpayers, the proposed small business rollover could offer some opportunities ? depending upon the final form of the legislation.
Global Pro Bono Survey recognises Clayton Utz as Australian leader in Pro Bono - Clayton Utz is 'first in class' in Pro Bono practice in Australia and one of the top ten Pro Bono firms globally, according to the latest Who's Who Legal Global Pro Bono Survey.
Harper competition reforms largely endorsed by the Federal Government - The response of the Federal Government to the Harper Review, the most comprehensive review into Australia's competition policies, laws and institutions since the Hilmer Review 22 years ago, has largely endorsed its recommendations, but has, for now at least, left unresolved a couple of hotly contested issues.
Have your say on NSW's draft Guidelines for the economic assessment of mining and coal seam gas - As part of the recent reforms to NSW mining policy, the NSW Government has now released the much anticipated draft Guidelines for the economic assessment of mining and coal seam gas proposals to clarify what proponents need to address in their economic assessments to be submitted as part of an Environmental Impact Statement.
Have your say on the draft NT Oil and Gas Industry Development Strategy - The draft Oil and Gas Industry Development Strategy will be used to identify opportunities for the oil and gas industry and to develop a best-practice regulatory regime. Nicole Besgrove, Dipesh Jasmat and Margaret Michaels explore the detail and why you should make a submission on it.
It's all in the headline: "drip-pricing" misleads consumers - A recent decision on drip pricing will be particularly important for firms that use internet platforms and apps to supply customers, as Michael Corrigan, Ian Reynolds and Annella Cox explain.
Lower price per tonne, but more projects, in second Emissions Reduction Fund auction - The results are in from the second Emissions Reduction Fund auction, held on 4 and 5 November 2015, and they have played out much as we thought they would in April.
Measures announced for the release of land in the Northern Territory for oil and gas activities - Nicole Besgrove and Margaret Michaels explain the details of the Northern Territory's new measures which now form its revised method for how land for oil and gas is released for the oil and gas industry.
New FIRB regime finally unveiled - With the passage of the FIRB reforms in Parliament and the release of the draft Regulation, we now have a greater understanding of the shape of the new foreign investment regime. Hiroyuki Kano, Julie Levis, Stuart MacGregor, Carrie Rogers, Shigeki Yamaura, and Akira Higuchi explain how it will work.
NSW gets strategic planning with passage of Greater Sydney Commission Bill - Strategic planning in NSW will soon be a reality, with the passage of the Greater Sydney Commission Bill 2015 through the NSW Parliament.
NSW Government responds to the Minerals Industry Action Plan - The NSW Government's response to its Minerals Taskforce includes retaining the Planning Assessment Commission, and renewed commitments to reducing decision-making timeframes and reform of planning system processes, as Nick Thomas and Tom Dougherty explain.
NT Government preparing to restructure the environmental assessment and approvals process - The Northern Territory Government is preparing to roll out a series of consultation briefings and workshops across the Territory after adopting a recommendation to restructure the existing environmental assessment and approvals process, say Nicole Besgrove and Margaret Michaels.
Obtaining transcripts of section 155 examinations and the "implied undertaking" - The ACCC is at an advantage to private litigants, when bringing proceedings under the Competition and Consumer Act 2010 (Cth) (Act), due to its coercive information gathering powers.
On second thoughts… Revisiting decisions relying on the Acts Interpretation Act - Decision-makers who want to revisit a decision, and potentially remake it, often assume they have the power to do so, even if the relevant Act does not spell this out. That assumption could be seriously flawed, as Cain Sibley and Tal Aviram explain.
Permitted vs illegal deductions: when can an employer lawfully deduct money from employee pay? - Salary packaging and perks can sometimes lead to salary deductions, but the law on lawful deductions can be a complex area. Michael Byrnes and Jacqui Ellis find some lessons in a recent case.
Queensland's Planning Bills introduced, and draft instruments released for consultation - The Queensland Government's planning reform bills have been tabled in Parliament and as Kathryn Pacey and Ian Motti discover, there have been some changes from the draft version.
Safe harbour for directors will not save more companies - The Productivity Commission is considering safe harbours again. Karen O'Flynn argues that it's unclear that safe harbours by themselves will provide genuine opportunities for restructuring distressed businesses.
Sink or swim? An update on performance management in the APS - The new APS performance management directions are part of a sea-change in the APS. Jennifer Wyborn and Jill Brajkovich set out the key steps for APS supervisors dealing with performance management now.
Strategic Planning for NSW: the Greater Sydney Commission and a new Part 3B - The Greater Sydney Commission Bill 2015 does more than establish the Greater Sydney Commission, say Brendan Bateman and Alison Packham - it also would insert a new Part 3B in the Environmental Planning and Assessment Act and introduce strategic planning into NSW's planning law.
The proposed new small business rollover - five big issues - Trust cloning and private company demergers could be resurgent as a result of the proposed new small business rollover.
The transfer pricing Chevron decision - funding, parental support, currency… and the experts - The rejection of the Commissioner's position on the relevance of credit rating agencies and the relevance of implicit support will give rise to uncertainty going forward, as it is unclear how an arm's length interest rate can be practically determined.
The unkindest cut: can alleged criminal conduct outside of work justify summary dismissal? - An apprentice butcher won his unfair dismissal case (and much media attention) after being sacked because he was charged as an accessory to murder. Michael Byrnes and Jacqui Ellis go behind the headlines to set out how you can deal with two challenging issues: the relevance of an employee's private conduct to his or her employment, and summary dismissal for serious misconduct.

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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.