December

AER releases new Network Registration Exemption Guideline - The Network Exemption Guideline incorporates amendments that aim to support and facilitate increased access to retail competition by embedded network customers.
Australia's trade deals: where are we at, and what's on the horizon - Australia has made progress on various bilateral agreements in 2016, but Brexit and the possible collapse of the Trans-Pacific Partnership have thrown a spanner in the works.
Can the Fair Work Commission vary common law employment contracts? - Employers should always consider the relief that can be sought in disputes to be arbitrated by the Commission under section 739 of the Fair Work Act.
Clayton Utz acts for financiers to consortium on the successful completion of the $16.189 billion Ausgrid lease deal - Clayton Utz has acted for the financiers to the consortium comprising IFM Investors and AustralianSuper on the successful completion of the partial lease of electricity and energy services distributor Ausgrid.
Clayton Utz acts for Victoria PLC on strategic Dunlop Flooring acquisition from Pacific Brands Limited - Clayton Utz is advising UK-based floor coverings manufacturer Victoria PLC on its proposed $A34 million acquisition of Australian underlay and hard wood flooring manufacturer Dunlop Flooring, from Pacific Brands Limited.
Clayton Utz advises Tox Free Solutions on successful completion of $186m strategic acquisition and $85m entitlement offer - Clayton Utz has advised ASX-listed environment, waste management and industrial services provider Tox Free Solutions Ltd (ASX: TOX).
Clayton Utz named a 2016 WGEA Employer of Choice for Gender Equality - Clayton Utz is proud to be recognised as an Employer of Choice for Gender Equality by the Workplace Gender Equality Agency (WGEA), for the third consecutive year.
Crowd control: regulating crowd-sourced funding, part 5 - More companies could now be eligible for crowd-sourced funding ‒ or could they?
Employees Behaving Badly in 2016 - Don't jump to conclusions, be fair, and set clear expectations for your employees.
Final terms of reference for NT fracking inquiry released - The final terms of reference and expert panel have been announced for the Independent Scientific Inquiry into Hydraulic Fracturing in the Northern Territory, with the moratorium on fracking to remain in place for the term of the Inquiry.
Finding the difference - Some recent Superannuation Complaints Tribunal decisions show the devil is in the detail.
FIRB provides guidance on revised tax conditions - The Foreign Investment Review Board has provided much needed clarity on the new tax conditions for foreign investment proposals.
Get ready now for the misuse of market power reforms - Changes to Australia's misuse of market power laws are closer, with the introduction of the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 into Federal Parliament.
International arbitration and independence – off the beaten track - Counsel, experts and arbitral institutions should all owe a duty of independence, but enforcing that duty could be challenging.
Long-term strategic vision released for Greater Sydney - Developers, infrastructure providers and other stakeholders in planning and development should review the Greater Sydney Commission's draft plans and consider making a submission before the end of March 2017.
Moral hazard hits China ‒ be prepared for the fallout - We are seeing attempts by the Chinese Government to provide the market with more sophisticated tools for dealing with unprofitable companies.
New building and precinct standards for reaching net zero emissions - Developers and building owners should review the new national voluntary standards that allow buildings and precincts to achieve carbon neutrality or net zero emissions.
No plain sailing for "bullied" ship officer awarded only $100 in damages - Draft policies carefully, and make sure staff understands them.
No reference date, no valid payment claim under NSW Security of Payment Act, says High Court - Today the High Court of Australia unanimously held that the existence of a "reference date" is a precondition to making a valid payment claim under the Building and Construction Industry Security of Payment Act NSW 1991. Any purported adjudication determination consequent upon an invalid payment claim would be void and of no effect.
Normal commercial conduct not unconscionable, says Federal Court - In an important decision about the proper limits of "unconscionable conduct" under the Australian Competition Law, the Federal Court has found that a general scheme to regularise negotiations with suppliers fell well short of being unconscionable, and emphasised the need to consider all circumstances (ACCC v Woolworths Limited [2016] FCA 1472).
Queensland Government seeks more views on the Right to Information Act and the Information Privacy Act - It is essential that agencies participate in the review by identifying and making submissions.
Queensland water reform legislation commenced on 6 December 2016 – implications for mining tenure holders - The Queensland Government's water reform legislation commenced on 6 December 2016. Mining lease and mineral development licence holders need to ensure they are meeting their new obligations in respect of ground water.
Review price parity and principal / agent arrangements now following Flight Centre decision - Price parity or "most favoured nation" clauses in a vertical pricing arrangements could breach Australia's price-fixing laws following the Australian Competition and Consumer Commission's High Court victory this morning (Australian Competition and Consumer Commission v Flight Centre Travel [2016] HCA 49).
Significant reforms to the gas market regime on the way - The COAG Energy Council Ministers have asked Dr Vertigan to bring forward his recommendations to allow commencement on 1 May 2017.
Skeletons in the cupboard: Australian Human Rights Commission finds drug conviction sacking discriminatory - If you want to take an employee's criminal record into account, you must be able to show why that's part of the inherent requirements of the job.
The cost of dealing with employee information theft - The SAI case highlights the importance of being vigilant and acting promptly and decisively to minimise the risk and impact of information theft.
The Digital Transformation Agency will transform Australian Government IT procurement - Commonwealth entities are on a "watch and wait" for the direction that IT procurement will take in the future, as the DTA is established and the IT Procurement Taskforce finalises its consultation process.
The GasFields Commission Review – the Queensland Government responds - The State Government has accepted the majority of the GasFields Commission Review's recommendations, and consultation on legislative changes will begin soon.
The Limited Merits Review regime for electricity and gas to be amended, not abolished - We should see more details of the amended Limited Merits Review regime in the first quarter of 2017, and a consultation process is likely.
The national SOP scheme: time to act - Just how the Federal scheme will interface with the State and Territory SOP legislation will be a critical element of whatever proposal emerges.
Tripped up? Meriton serviced apartments' use of TripAdvisor reviews brings ACCC action - The Meriton proceedings could clear up some legal issues in online reviews.
Two month window to get Queensland public sector ready for new Industrial Relations Act - The Queensland public sector might only have two months to get ready for the significant changes and new responsibilities brought in by the new Industrial Relations Act 2016 (Qld) (IR Act 2016), which has passed with some limited amendments.
Visions of lattes and polycentric cities: the Greater Sydney Commission draft district plans - The Greater Sydney Commission is calling for submissions to inform the next iteration of the draft District Plans.
Was $49.95, now is misleading: the perils of “was/now” pricing - Don't use “was/now” pricing if a single price has not been consistently used.
Why progress towards an Indonesia-Australia FTA is good news for the Australian energy and resources sector - Australian energy and resources companies should be positioning themselves for the Indonesia-Australia FTA, which is expected to be concluded in 2017.

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.