April

ACCC market study into the beef and cattle supply chain - The ACCC is calling for submissions and information for its market study into the beef and cattle supply chain.
ACL reach broadened as ACCC wins case against Valve Corporation - Overseas online sellers now have some clarity about the their obligations to comply with the Australian Consumer Law, as Doug Thompson, Kirsten Webb and Adrian Kuti explain.
Act commences to extend legal responsibility for environmental harm in Queensland - The regulator can now extend responsibility for clean-up, rehabilitation and associated costs to a "related person".
Alleged child sex abuse in schools and termination of employment - One would think the ability to terminate an employee accused of child sex abuse in a school setting would be uncontroversial, but it is not as clear-cut as you would think, say Jennifer Wyborn and Nick West-Foy.
Are you properly managing funding payments? - Alexandra Wedutenko and Natasha Smith set out the lessons from the latest ANAO audit of the delivery and evaluation of grant programs.
Clarifying claims and cover - Three Superannuation Complaints Tribunal decisions consider TPD and income protection claims.
Clayton Utz acting for JLMs on Redbubble IPO and ASX listing - Clayton Utz is acting for Morgans Corporate Limited and Canaccord Genuity (Australia) Limited as Joint Lead Managers on the Initial Public Offering (IPO) and listing on the Australian Securities Exchange (ASX) of online creative marketplace Redbubble.
Clayton Utz acts for private equity consortium on US$775 million Martabe Mine LBO - Clayton Utz has acted for a consortium comprising EMR Capital, Farallon Capital and partners on its US$775 million acquisition of a 95% stake in Indonesia's Martabe Mine, from HK-listed G-Resources Group Limited.
Clayton Utz advises Joint Lead Managers on Gold Road Resources' A$74m equity raising - Clayton Utz has advised Macquarie Capital (Australia) Limited and Argonaut Securities Pty Limited, as Joint Lead Managers, in connection with the A$74 million raising by ASX-listed Gold Road Resources Limited. The transaction was announced to the market on 27 April 2016.
Clayton Utz advises Wolf Minerals on £25 million equity facility - Clayton Utz has advised Perth based ASX- and AIM-listed tungsten miner Wolf Minerals Limited on its £25 million (approximately A$47.5 million) equity facility established with Resource Capital Fund VI LP (RCF VI), announced to the market on 29 January and approved by Wolf shareholders on 22 April.
Clayton Utz advising Peninsula Energy on US$15 million convertible loan facility - Clayton Utz is advising Perth based ASX-listed uranium miner Peninsula Energy Limited (PEN) on its convertible loan arrangements with major shareholders Resource Capital Fund VI L.P. and Pala Investments Ltd for a total of US$15 million.
Clayton Utz congratulates NSW Government and RMS on IPA Financial Excellence Award - The Monetisation of the M7 Motorway Base Rent, on which Clayton Utz was legal adviser, has won the Financial Excellence Award at the 2016 National Infrastructure Awards by Infrastructure Partnerships Australia (IPA).
Clayton Utz in the running for Law Firm of the Year at 2016 Law Institute of Victoria Awards - Clayton Utz is proud to again be named a finalist for the Law Firm of the Year (more than 20 partners) award at the 2016 Law Institute of Victoria Awards. Clayton Utz won the award in 2015.
Coming soon - more amendments to Queensland resources legislation are another hit for the industry - A new Act would clarify landholder and community objection rights, the restricted land regime, the revised overlapping tenure (coal and coal seam gas) framework.
Compensation for reserved land under the WA Planning and Development Act - A purchaser of land in WA injuriously affected by a planning scheme reservation may apply for compensation, even if the reservation existed prior to purchase.
Draft Land Administration Amendment Bill 2016 Released - The draft Land Administration Amendment Bill 2016 has clarified some of the key proposals for WA Rangelands land tenure reforms.
Evidence, the Essendon 34, and the employee under suspicion - If you do suspect misconduct or misuse of confidential information, but there's no smoking gun, you might still be able to take the necessary steps to protect your business and other employees.
Food products: new Country of Origin requirements announced - Labelling laws for a large range of foods will change soon, says Sara Dennis, with new graphics and information requirements.
Government announces ASIC reform package - ASIC will get greater analytics, surveillance and enforcement powers.
How does s 588FA apply to the granting of a security interest over an unsecured debt? - In certain circumstances, an “unfair preference” may be a “voidable transaction” for the purposes of s 588FE of the Corporations Act 2001 (Cth) (the Act).
Implications of the Dallas Buyers Club v iiNet decisions - The Dallas Buyers Club v iiNet decisions may have broadened the law on who can sue for copyright infringement, and could set more hurdles for future preliminary discovery applicants.
Is Australia's Consumer Law fit for purpose? Have your say in the first review - The first review of the Australian Consumer Law is underway. Greg Williams, Alexandra Rose, Caitlin Sheehy and Mihkel Wilding say you should get involved.
Keeping up with the Joneses will cost you if it’s also a flagrant copyright infringement - The Court has the power to award a substantial sum of additional damages for infringement of copyright that is flagrant.
Liquidator finds new way to get extension of time to bring unfair preference claim - Peter Bowden and Nick Poole explain how one liquidator found a novel way to save the day when a mistake was discovered after the deadline for unfair preference claims.
Major changes proposed to small amount credit contracts and consumer leases - consultation ends soon - Small amount credit contracts providers and lessors of household goods would have new obligations if the recommendations of the Review of the Small Amount Credit Contract Laws are enacted.
Mossack Fonseca, Panama and the implications for Australia - The Panama Papers might be a nine-day wonder in the media, but as Sean Mullins and Jonathan Slater explain, the repercussions could go on for years, and go beyond tax to corporate governance.
New streamlined planning and environmental processes in the ACT - Concurrent assessment is at the heart of the ACT's new streamlined planning process. Nicole Besgrove and Claire Smith explain how it will work.
Perth and Peel Green Growth Plan for 3.5 Million: consultation underway - The WA Government seeks comment on the draft Perth and Peel Green Growth Plan for 3.5 Million, the "largest undertaking of its kind in Australia", by 13 May 2016.
Post-employment restraint after repudiation of an employment contract - Can a party who has repudiated a contract of employment still enforce post-employment restraints? A recent decision sheds new light on this issue.
Protecting confidential information: A hollow victory filled with an indemnity costs order - Investing in front-end solutions to protect your confidential information can be far better than relying on litigation after the horse has bolted, as Leigh Howard and Jennifer Winckworth explain.
Regulating digital financial product advice consultation paper released - While the draft Regulatory Guide "Providing digital financial product advice to retail clients" is a welcome development, Narelle Smythe, Matthew Daley and Welton Chan identify some critical questions it leaves unanswered.
Safeguarding emissions reductions - Australia's cap on emissions, the Safeguard Mechanism, will commence on 1 July 2016, but it will need to demand more of large emitters to meet likely increases in Australia's international obligations.
Service in related entities outside Australia counts towards WA long service leave entitlements - WA employers calculating an employee's long service leave entitlement must include all continuous service with related bodies corporate.
Single State-wide Planning Scheme another step closer for Tasmania - Draft State Planning Provisions, a key part of Tasmania's Single State-wide Planning Scheme, are now open for consultation, say Nicole Besgrove and Claire Smith.
Take it or leave it? Unfair contract term prohibitions and the construction industry - Federal unfair contract terms legislation will soon apply when doing business with contractors and suppliers that are a small business. Frazer Moss & Laura Walton say there are several terms typically found in "standard form" construction contracts that could now fall foul of the laws.
Victorian budget 2016/17 tax and duty changes: land, payroll, and partnerships affected - There are some increased taxes and duties in Victoria's budget, but also some higher thresholds and extended exemptions.
WA electricity market review - WEM reforms announced - The reforms are largely targeted at reducing the cost of the capacity component of the Wholesale Electricity Market.
What sets a contract of insurance apart from other contracts? - Contracts of insurance attract a unique set of principles of interpretation, and are subject to a comprehensive regulatory regime.
Your contract has expired? Watch out for these potential legal landmines - Your fixed term contract expires and you act as if it's still in operation. What does that mean for your business? Ian Bloemendal, Natalie Watson and Erica Flude set out your options, and how you can best protect yourself from some unintended consequences.

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.