September

$18 million penalty for Visa's exclusive dealing in dynamic currency conversion - The ACCC has had a substantial victory in its long-running case against Visa Worldwide over alleged exclusive dealing in breach of section 47 of the Competition and Consumer Act, with the Federal Court imposing an $18 million fine, plus $2 million in costs.
1 October start date for changes to PPSA treatment of short-term leases of serial-numbered goods - From 1 October 2015 leases or bailments of serial numbered goods for a term of between 90 days and one year soon won't need to be registered on the Personal Property Securities Register, unless they are "in substance" security interests that secure payment or performance of an obligation.
A question of law: The Full Federal Court allows greater flexibility for AAT appeals - Federal Court judges are embracing a new "substance rather than form" approach to identifying questions of law, which Caroline Bush and Mathew Bock say will mean more flexibility in hearing appeals.
Are "net benefit" and scope 3 emissions relevant in ML and EA Land Court objections hearings? - Mark Geritz and Patrick Cranley look at the latest attempt to force proponents for mining lease applications to show their mine will create a "net benefit" to the community, or always consider the potential impact of Scope 3 greenhouse gas emissions from their mine.
Australian Cyber Security Centre releases first ever public threat report - How serious is the risk of cyber-attack to your systems? The first unclassified Australian Cyber Security Centre Threat Report sets out the current state of play, and as Timothy Webb and Carmen Culina explain, identifies the most important risks you should address.
Better Planning for Queensland Bills released for public comment - Three draft bills released yesterday for public consultation represent the Queensland Government's much anticipated planning reform proposal.
Bill redefining directors’ liability in the Northern Territory passed - Margaret Michaels and Nicole Besgrove set out the three new levels of directors' liability in the Northern Territory.
Climate change developments: round-up - Brendan Bateman sets out the recent developments in Australian climate change policy, with the second Emissions Reduction Fund auction, a new post-2020 emissions target, and draft rules for the Safeguard Mechanism as the highlights, and more to come in the lead-up to the next UNFCCC meeting in Paris later this year.
Federal Circuit Court decision on sick train driver’s sacking was off track, says Federal Court - The RailPro decision gives some comfort to employers unaware that the reason for an employee’s incapacity to perform work was a disability.
From Red to Black - From Red to Black is our analysis of the dynamics of the Australian restructuring market, giving you the key restructuring trends in FY15 and a roadmap for FY16.
Government's Building Code now requires drug and alcohol testing policies on its construction sites - New amendments to the Building Code 2013 will require contractors on taxpayer-funded construction sites to have a comprehensive policy for mandatory drug and alcohol testing.
High Court upholds earlier decision that AstraZeneca's cholesterol-lowering patent is obvious - In a closely-watched patent decision, the High Court has unanimously dismissed AstraZeneca's appeal concerning its low-dose patent for the cholesterol-lowering drug rosuvastatin (AstraZeneca AB v Apotex Pty Ltd [2015] HCA 30).
Incorrectly removed a registration from the Personal Property Securities Register? - Given the highly technical nature of the Personal Property Securities Register, it is not unsurprising that a registration could be incorrectly removed from the register. Tricia Moloney and Annabelle Holcombe say that this mistake can be corrected, if you act quickly and give the Registrar the right information.
Is a charitable donation by an insolvent company an uncommercial transaction under section 588FB? - Whether a charitable donation by an insolvent company is an “uncommercial transaction” may depend on whether the donation is monetary or “in kind” and other circumstances surrounding the donation.
New Myer turns to Clayton Utz for $221 million capital raising - A Clayton Utz team has acted for iconic Australian retailer Myer on its $221 million capital raising launched on 1 September. The raising is part of the 'New Myer' Strategy announced to the market this week, on which Clayton Utz is also advising.
New Northern Territory guidelines for development and infrastructure impacting on the road network - Nicole Besgrove and Margaret Michaels look at the Northern Territory Government's new guidelines aimed at streamlining the development approval process for any development or infrastructure that impacts on the road network or that will ultimately be transferred to the Government.
No liquidated damages? No problem (unless you're a builder) - Your contract states that no liquidated damages are payable to a party for a delay. That doesn't necessarily mean a delay won't lead to an award of damages, says Katherine Mallik.
Now you're secured, now you're not - In certain circumstances, an 'unfair preference' may be a 'voidable transaction' for the purposes of s 588FE of the Corporations Act 2001 (Cth) (Act).
NSW Government reveals more details about the shape of the Greater Sydney Commission - Brendan Bateman and Rachelle Wilson see how the Greater Sydney Commission will work to deliver integrated planning and development for a rapidly growing city.
Obese employees and safe workplaces: is the Fat Lady singing? - Do the stringent safety laws affecting mines allow the termination of employment of obese workers? Kathryn Winter and Anna Casellas look for some answers in a recent case.
Powerful FOE wins 2015 Clayton Utz Art Award - Emerging Queensland based artist Liam O'Brien was announced the winner of the $10,000 2015 Clayton Utz Art Award last Thursday, for his high definition single channel video titled 'FOE'.
Proportionate liability - managing disputes and risk in the wake of Selig - Plaintiffs can now avoid the operation of the proportionate liability regime by also pleading and providing non-apportionable claims as a result of Selig, warn Mark Waller and Chris Erfurt.
Pulling up the drawbridge: protecting yourself against cyber attacks Part 1 - How serious are the risks of cyber attacks? And what are cyber attacks anyway? Alexandra Wedutenko looks at the current (and future) size of the problem, and how you can protect yourself.
Pulling up the drawbridge: protecting yourself against cyber attacks Part 2: Cloud computing - With the rise of cloud computing comes risks as well as opportunities. But what are those risks? Alexandra Wedutenko sets out the basic steps to risk assessment and mitigation.
Queensland and Northern Territory announce reforms to their resources tenure framework - The energy and resources sector are being asked for their views on proposed changes to Queensland's and the Northern Territory's resources tenure frameworks. Mark Geritz and Patrick Cranley set out the key issues for them to consider.
Queensland set for further IR reforms - The first comprehensive review of Queensland’s IR laws since 1998 will soon be underway. Hedy Cray and Amy Laing explain what could change.
Reforming Queensland's planning laws takes next step with release of draft Bills - The Queensland Government has released consultation drafts of the draft Planning Bill and draft Planning and Environment Court Bill for public comment.
Should it stay or should it go: The privilege against self-incrimination in WHS legislation - You cannot refuse to answer questions in WHS investigations because the answers might incriminate you - but should you be able to? Michael Byrnes and Jacqui Ellis look at proposals to restore your privilege against self-incrimination in WHS investigations.
The Asian century Part 1 - enforcing judgments obtained in Asia in Australia - With the increase in activity between Asian and Australian businesses comes the prospect of an increase in litigation, and the reality of having to navigate the difficulties associated with doing business across different jurisdictions. In the first of a two-part article Dugan Cunningham looks at the procedure for enforcing in Australia a judgment obtained in Asia.
The Fertility Control Clinic case: When are decision-makers allowed to make an error? - Not all errors by decision-makers will necessarily led to a court issuing mandamus to compel the performance of a duty according to law, but the distinction between jurisdictional and non-jurisdictional error can be elusive. Caroline Bush and Mathew Bock reflect upon the distinction between them and some lessons from a recent Victorian case.
Turnaround culture and secondary debt market to head From Red to Black, says Clayton Utz - Australia is gradually embracing a turnaround culture, with "smart" boards being proactive in working with external advisers to chase down costs and strengthen their balance sheets by accessing international markets, according to a new Clayton Utz report on the dynamics of Australia's restructuring market in FY15 and outlook for FY16.
Uber class action case could help drive new employee laws - Digital disruption means it may well be time for a clear statutory definition of independent contractor - or for the courts to develop a new common law definition.

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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.