April

Anti-bullying vs disciplinary process: Fair Work Commission asked to find the balance - Anti-bullying laws might be used by employees facing a potentially adverse disciplinary process to delay or halt it.
Attention generators and retailers: How will the proposed Five Minute Settlement rule change impact on your electricity hedges? - The proposed five minute settlement rule change may trigger processes or events under derivatives that alter the risk profiles of the parties to those transactions.
Clayton Utz lawyers among Australia's best, say industry peers - Clayton Utz has featured prominently for the sixth consecutive year in the 2018 Best Lawyers Australia list released today and published in detail in The Australian Financial Review (AFR) online.
Cyber Health Check Report – the view from the top - The first ASX 100 Cyber Health Check Report reminds businesses to be diligent in managing cyber security and data breach risks, particularly given the new data breach notification obligations that will shortly be imposed on them.
Getting to no - making sure your negative option billing program is lawful - Disclosure, meaningful trial periods, and a clear way to opt out are all key to ensuring your negative option billing program stays on the right side of the law.
High Court won't hear case on IP licences surviving the end of the contract - If you're negotiating a contract with an IP licence, think about what happens to the licence once the contract ends.
New school technology, old school principles: process still fundamental in social media age - Employers might be tempted to judge and respond with equal speed to an employee's social media post, but they must remember the aphorism "act in haste, repent at leisure".
Not my job! How important is it to identify the person who caused the breach of a NSW EPA licence? - A recent NSW Court decision provides a reminder of how broad an EPA licence holder's responsibility is, but it also held that the EPA must identify the person alleged to have breached the EPA licence, or at least say it doesn’t know who it was, when prosecuting the licence holder.
Playing by the rules: the law of social media competitions and promotions - Online competitions or promotions must be vetted carefully to prevent businesses inadvertently exposing themselves to significant financial penalties and reputational damage.
Recent progress in Australian trade deals: ChAFTA, RCEP, the EU and India - The landscape and rules for global commerce are rapidly evolving, but Australia is well positioned with trade deals, and Australian businesses should be ready to respond.
Reminder to directors: Legal advice to the company may be subject to your claim for legal professional privilege, unless… - Directors can assert legal professional privilege over legal advice provided to the company on the basis of joint privilege, and do not need to pay for that advice in order to assert that privilege, but this assertion of privilege is generally limited to communications relating to the directors' personal liability.
Senior employees and managers cry "adverse action!" at every turn - Employers shouldn't fear giving their executives lawful and reasonable directions at work, but at the rate senior employees are litigating, employers are right to feel uncertain about the operation of adverse action protections.
Unfair dismissal case confirms the importance of trust and confidence - Where conduct is so egregious that it destroys the necessary trust and confidence in the employment relationship, the Commission will be more willing to find that dismissal is appropriate.

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.