February

ACCC warns telcos about misleading broadband advertising - A new ACCC Report sets out six principles for telcos to consider when advertising broadband speeds.
Clayton Utz announces new Board appointments - Clayton Utz Major Projects partner Steve O'Reilly has been appointed Chair of the Firm's Board, effective 1 January 2017. Steve succeeds Dispute Resolution partner Ross Perrett, who served in the role for six years.
Clayton Utz launches Forensic & Technology Services practice with new partner appointment - Clayton Utz has recruited Paul Fontanot from global accounting firm EY to head up a dedicated national Forensic & Technology Services practice. Paul will join the firm in Sydney on 1 March 2017 as a partner.
Court awards $34,822 for copyright infringement ‒ and $400,000 for bad behaviour - The award of additional damages of $400,000 was far greater than the actual loss suffered as a result of the copyright infringement.
Decision that there's no copyright in digital data signals stands, following High Court rebuff - Digital data streaming might be commercially valuable, but it isn't a cinematograph film under the Copyright Act.
Did you receive an unexpected Christmas or New Year message from the PPS Registrar? - In general, you are more likely to be affected by a defective registration if you have the benefit of migrated security interests from pre-existing registers.
Exciting times ahead for women who venture into dynamic sector - Women working in Australia's venture capital (VC) and private equity (PE) sector have an important role to play in encouraging more women into the industry, which will only benefit from greater gender diversity according to Clayton Utz partner and PE specialist, Kounny Rattley.
Final statutory guideline for Queensland's environmental chain of responsibility laws released - While theoretically the net cast by chain of responsibility laws is extremely wide, entities can reduce their risk profile by having in place systems and clear documentation.
Full Court increases “manifestly inadequate” civil penalty for ACL breaches - The decision in ACCC v Reckitt Benckiser certainly suggests that larger penalties may be awarded in future cases.
Getting to know the new Queensland Planning Act 2016 – an introduction - The Planning Act is expected to commence on 3 July 2017, bringing with it a new regulatory planning framework for Queensland.
Getting to know the new Queensland Planning Act 2016: Planning instruments and Minister's powers - While the Planning Act sets out new powers for the Minister, much of the fine detail on planning will be in a future Planning Regulation.
Greater Sydney Commission draft District Plans and the affordable housing challenge - Sydney cannot afford to get it wrong - If the draft District Plans tell us anything, it's that there is no magic wand the Greater Sydney Commission can wave to fix the affordable housing crisis.
Greater Sydney Commission draft District Plans say 30 minute cities are key for productivity - It will be important to ensure that increased productivity does not occur through cannibalisation of business in surrounding districts.
Honeymoon period ends early for construction industry: review enterprise agreements now - Amendments in the Building and Construction Industry (Improving Productivity) Amendment Bill 2017 will affect the transition period for businesses.
How do we live the Greater Sydney Commission liveability dream? - It is not currently clear from the plans what role individual developments (and developers) will have in developing and delivering on this strategy.
Is sustainability really sustainable? Greater Sydney Commission draft District Plans say yes - While the draft District Plans set out a clear vision, the devil will be in the detail when they are implemented.
Is the Commonwealth Government waterproofing our future? The new National Water Infrastructure Loan Facility - The promise of increased Commonwealth funding for water infrastructure can only be a good thing. But as always, the devil is in the detail, with key structural questions that are yet to be answered.
Legislative fix for McGlade native title decision to confirm ILUAs due this week - The Commonwealth Government is moving to confirm the validity of more than 120 Indigenous land use agreements (ILUAs) that were registered despite not all members of the registered native title claimant having executed the agreement, by introducing legislation (probably this week).
Miscommunication and misconduct - Some recent Superannuation Complaints Tribunal decisions show the need to focus on definitions and details.
More road signs needed at the intersection of international tax laws to avoid disputes - With the dust starting to settle, there will need to be some clear guidance from the ATO on how these rules are to be applied.
Native title agreement-making turned on its head - The Full Federal Court has adjudged as incorrect what has been heavily relied on over the last six years as settled law in relation to who needs to sign an Indigenous land use agreements on behalf of native title parties. This means that the validity of many ILUAs has been put at risk as has the validity of the grant of mining and petroleum tenements and other interests that had been validated through the ILUA registration process. Further, the ramifications of the decision appear to go well beyond ILUAs extending into every aspect of native title law.
New Expert Witness Code of Conduct for proceedings in NSW courts – are you complying? - If you don't comply with the new Expert Witness Code of Conduct, your expert evidence will not be admissible.
New State heritage assessment trigger for development commences in Queensland - The triggers for assessment of development that may impact on listed heritage places in Queensland have been expanded.
Overhaul of the NT environmental regulatory framework on the horizon - The Northern Territory Government is progressing the review of its current environmental regulatory framework, considering advice on a new environmental law and an overhaul of the existing assessment and approval procedures.
Punitive damages for design infringement in burqini™ swimwear battle but no ordinary damages - Although actual loss was not shown, the Court still awarded punitive or additional damages.
Requirement to report MDL and ML holders' exercise of underground water rights - 6 March 2017 deadline looming - The transitional period for notifying the Department of Environment and Heritage Protection about the exercise of underground water rights for mineral development licences and mining leases that were in existence on 6 December 2016 expires on 6 March 2017.
Retail Leases Amendment (Review) Bill 2016 – Update - On 22 February 2017, the Retail Leases Amendment (Review) Bill 2016 was passed through the NSW Legislative Council.
Stapled groups targeted by ATO's first Taxpayer Alert for 2017 - The ATO has kicked off 2017 with a taxpayer alert which states that it will be targeting certain stapled groups.
Sunday and public holiday penalty rates in modern awards reduced for hospitality and retail sectors - Some Sunday and public holiday penalty rates in modern awards will fall from 1 July 2017, affecting the hospitality, fast food, retail and pharmacy sectors, following the Fair Work Commission's decision earlier today as part of its four-yearly review of modern awards.
Tapping in to the NSW Innovation Strategy - The recently released NSW Innovation Strategy promises a number of benefits for businesses, with early industry engagement likely to result in greater advantage.
Terms of reference released for review of NT water extraction licences - The independent review will review the application, assessment and approval processes for identified water extraction licences issued between 30 August 2012 and 30 August 2016.
Transitioning Australia's National Electricity Market to a secure, affordable and reliable future - The Preliminary Report focuses on what can be done to deliver a secure, affordable and reliable National Electricity Market, what can be done to facilitate the transition to a greater percentage of renewable energy, the technological changes that are yet to come, and what Australia's electricity future needs to look like.
What about me? The Full Federal Court says personal information must be "about an individual" - Information is not necessarily about an individual simply because a person's identity can be ascertained from it.

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.