June

1 July 2017 start for significant changes to the Foreign Resident CGT Withholding Tax regime - are you ready? - If you're involved in transactions concerning Australian land, you need to factor in changes to the Foreign Resident CGT Withholding Tax regime (FRWT Regime) which come into effect on Saturday, 1 July 2017.
Administration affairs - Some recent Superannuation Complaints Tribunal decisions give guidance on account balances and TPD benefits
Beware the double trap for dividend washing under tax laws - A tribunal decision has confirmed that dividend washing will be caught both by section 207-157 and section177EA, depending on whether or not the transactions took place before 1 July
Clayton Utz advising Euroz, Paradigm and Numis in connection with Heron Resources' A$240m funding package - Clayton Utz is advising Euroz Securities Limited, Paradigm Capital Inc. and Numis Securities Limited as lead managers in connection with a A$32m institutional placement by ASX-listed Heron Resources Ltd as part of a A$240 million funding package, announced today.
Clayton Utz features prominently among winners at the 2017 Australasian Law Awards - Clayton Utz was the proud recipient of the JLT Employee Health & Wellbeing Award at the 2017 Australasian Law Awards in Sydney, recognising the quality, innovativeness and impact of the firm's health and wellbeing initiatives.
Clayton Utz lawyers Rachel Richardson and Danielle Barry among the legal profession's top 30 under 30 - Clayton Utz lawyers Rachel Richardson and Danielle Barry were named among Australia's top young legal talent at the Lawyers Weekly 30 Under 30 Awards in Sydney on 23 June.
Don't be a hero ‒ employees must follow emergency procedures - Failure by employees to follow emergency procedures may constitute a valid reason for dismissal.
Groundbreaking Australian merger clearance - lessons from the Tatts/Tabcorp decision - "Merger control must be carried out with great care because it involves a prediction of events which are more or less likely to occur in any given scenario… the realities must be considered; it is unacceptable to proceed purely on the basis of theory" ‒ Australian Competition Tribunal in Re Tabcorp Holdings Limited, ACT 1 of 2017, [95].
Is context really everything? Recent cases on context as a tool to interpret statutes - Context can play an important role when interpreting a Commonwealth Act, but there are limits, as demonstrated by three recent Federal Court cases.
Isn't a screenshot enough? Compiling evidence in online trade mark infringement proceedings - Hard copies of infringing uses, and proper records of the webpage, trump screenshots.
Major decision on set-off and security interests in insolvency may lead to significant contractual change - The limitations of set-off in a liquidation scenario and the nature and effect of a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA) have been clarified.
Majority rules! Parliament acts to make Indigenous land use agreements viable again - The Senate has today passed legislation that will enable Indigenous land use agreements (ILUAs) to be registered provided they have the support of the broader native title claim group - directly addressing the effect of the recent decision of the Full Court of the Federal Court in McGlade v Native Title Registrar [2017] FCAFC 10 (McGlade Decision).
Managing litigation risk, Part 3: managing litigation and regulatory action - Practical steps can help your businesses to manage litigation and regulatory action.
New Land Access Ombudsman to take referrals of disputes about CCAs and make good agreements - The Land Access Ombudsman would be an independent body to investigate and make recommendations on resolving disputes involving a conduct and compensation agreement or a make good agreement.
NSW Government pursues improved environmental outcomes for mines - Proposed increases in the regulation of ancillary mining activities, and new offences and enforcement powers, should prompt mine operators to review existing environmental management and rehabilitation programs.
Penalty rate cuts for hospitality and retail sectors – transitional arrangements commence on 1 July - The Fair Work Commission has decided that the reductions in Sunday penalty rates will be phased in over four years.
Potential Peru-Australia Free Trade Agreement: A step forward for exports into Latin America - A Peru-Australia FTA will open up opportunities for Australian exporters and place them on an even footing with the US, the EU and Canada. Importantly, a successful PAFTA will capture Australia's progress from the ongoing multilateral negotiations and keep up Australia's momentum of opening markets in the region.
PPS law change: welcome relief for short-term hiring and rental industry - The changes extend the minimum duration of a PPS lease from more than one year to more than two years.
Setting the stage for a valid consent for staged development in NSW - Developers and consent authorities will need to address construction impacts for a multi-stage development proposal when preparing and assessing a development application for the concept stage of that proposal. Also, staged development consent for single stage developments is no longer available.
Significant changes to New South Wales stamp duty laws ‒ round-up - Trustees, landholders, and the residential home market are all affected by duty changes in New South Wales.
The renewables debate shifts a gear: Finkel Review proposes Clean Energy Target - The proposed Clean Energy Target would operate similarly to the existing RET Scheme.
Union officials can huff and puff but without an entry permit they can't come in - This decision restores the position that was generally accepted ‒ a union official must hold a valid entry permit under the Fair Work Act to enter premises under the State OHS Act.

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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.