August

"Concept development applications" to take centre stage in NSW - The Environmental Planning and Assessment Amendment (Staged Development Applications) Bill 2017 will restore the law to the way in which it was widely understood to have operated before the recent Court of Appeal decision in Bay Simmer Investments Pty Ltd v State of New South Wales.
"Exclusive native title", extinguishment and compensation: lessons from the Yindjibarndi decision and the Timber Creek appeal - The Full Federal Court has now outlined relevant considerations with respect to compensation for the loss, diminution, impairment or other effect of certain acts on native title. How do these apply to mining and other resources projects?
ACCC new car market study: What does it mean? - The ACCC draft report highlights Australian Consumer Law compliance concerns, putting vehicle manufacturers on notice of potential further enforcement actions and a perceived need for reform.
Applying for a private ruling can bring protection from tax penalties - It appears that merely applying for a private ruling provides a form of penalty protection for a transaction, whether that is a complete or partial removal of any administrative penalty.
APS Update: Our guide to the guide - New guidelines have been released by the APSC that clarify the expectations of Commonwealth public servants' behaviour on social media. It comes at a time where politically charged topics such as same sex marriage dominate the national conversation.
Are you ready for the amended Freedom of Information Act? - New timeframes, consultation periods, and regulator are now law under Victoria's FOI Act.
Breaking up ain't so easy: The employer/ union relationship during bargaining - In the absence of the "cut and run" option, business must engage and work with all employees and bargaining representatives (including unions) to secure beneficial outcomes for both employer and employee.
Building a safer Queensland: Tough new stance on non-conforming building products brings new duties to supply chain - Participants involved in the supply chain and installation of building products will soon face increased accountability and disciplinary action for the use of unsafe or non-compliant products in Queensland buildings following the passage of the Building and Construction Legislation (Non-Conforming Building Products ‒ Chain of Responsibility and Other Matters) Amendment Act 2017.
Clayton Utz advises senior lenders on debt financing agreement for Bauxite Hills Mine - Clayton Utz has advised Canadian based Sprott Private Resource Lending (Sprott) as senior lender on its debt financing agreement with Metro Mining Limited (MMI) which will fund the development of MMI's Bauxite Hills Mine in Queensland, Australia.
Compensation considerations - Some recent Superannuation Complaints Tribunal decisions give guidance on information, compensation, and what counts as a time delay.
Environmental due diligence loose ends: buyers … and sellers … beware - The recent conviction in NSW of both the new operator and the previous operator of an abattoir for water pollution shows how broad NSW environmental offences are, and how important it is to ensure that the right person holds the EPA licence after the licensed business is sold.
Federal Court confirms access is straightforward in Port of Newcastle case - for now - The Court's decision maintains the low bar for declaration of key infrastructure services, including at other Australian ports.
Federal Government releases new section 313(3) Guidelines for the lawful disruption of online services - Under the Guidelines, agencies should actively manage the disruption process, and must have the appropriate level of technical expertise to communicate how the section 313(3) request should be implemented.
Federal Government responds to Productivity Commission Inquiry into Intellectual Property Arrangements - While broadly supportive, the Australian Government has indicated that it will proceed cautiously with the implementation of the Commission's recommendations.
First judicial guidance about "perfection by possession" under the PPSA - To perfect a security interest by possession, a secured party must have actual or apparent possession of the property. A contractual right to possess is not enough.
High Court decision could render some WA mining leases invalid - Yesterday, the High Court, in Forrest & Forrest Pty Ltd v Wilson [2017] HCA 30, cast doubt on the validity of certain Western Australian mining leases.
Is the fine condign? First Australian criminal cartel conviction attracts heavy fine and possible double punishment - The Federal Court has provided its first sentencing remarks for a breach of the criminal cartel provisions in the Competition and Consumer Act 2010 (Cth).
Lessons learned and messages received: the ACCC seeks more information in informal merger clearances - Getting out in front by reviewing strategy and other relevant internal documents at an early stage is likely to be key for obtaining complex merger control approvals in Australia, following important changes highlighted by the ACCC.
Microchipping employees in Australia: the technological "ideal" v legal reality - Microchipping employees isn't just a technological challenge ‒ the principles relating to "lawful and reasonable" direction need to be considered too.
Misuse of market power reforms pass Senate - For the first time in Australia, firms with market power will now need to carefully consider whether the conduct they engage in, or propose to engage in, could be said to have the purpose, or have or be likely to have the effect, of lessening competition.
Modern slavery in supply chains ‒ reporting requirements coming - The Australian Government has announced an intention to introduce a "Modern Slavery in Supply Chains Reporting Requirement" in Australia to combat modern slavery.
New Work Health and Safety Bill announced for WA - There will be a two-year consultation period on the WA Work Health and Safety Bill.
No native title for Brisbane: Certainty for infrastructure proponents and other developers? - The Full Federal Court has confirmed that native title no longer exists anywhere in Brisbane.
NSW councils lose development approval powers to independent panels - Independent hearing and assessment panels will determine most development applications with capex above $5 million in the Greater Sydney Region, instead of local councils, under new proposed laws.
One step closer: the Queensland Competition Authority's draft decision on Aurizon Network's Standard User Funding Agreement - The QCA stated that it was conscious of the need for the SUFA framework to provide a genuine alternative to facilitate CQCN expansions.
Proposed amendments to the Therapeutic Goods Regime - The TGA has today announced that it is seeking comments from interested parties on the exposure draft Bills amending the Therapeutic Goods Act 1989 and the Therapeutic Goods (Charges) Act 1989.
Proposed changes to infrastructure funding in NSW - Local Infrastructure Growth Scheme subsidies will be wound down.
Proposed Competition Law reforms a backwards step for Australian M&A - Reinstating the ACCC's monopoly in merger approvals could see a return to pre-2007 days when the ACCC clearance process was the only practical option for parties to seek a merger approval.
Sirius explanation of NSW heritage listing laws - The Sirius decision has set out the framework for the decision-maker's analysis of undue financial hardship in decision on heritage listing.
Start-up Spriggy gets Clayton Utz on board for $2.5 million capital raising round - Clayton Utz is delighted to have worked alongside fintech start-up Spriggy on its recent $2.5 million capital raising round, which was closed and announced on 14 August.
The war on waste continues: minimum environmental standards for scrap metal facilities - Those involved in waste facilities in NSW should examine the NSW EPA's proposed minimum standards for scrap metal facilities, regardless of whether they currently operate under an EPA licence.

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.