December

ACCC seeks views on issues raised in Digital Platforms Inquiry Preliminary Report - Regulatory reform is necessary to monitor, and if necessary, correct the market power of organisations like Google and Facebook. That's the key finding in the ACCC's Digital Platforms Inquiry Preliminary Report, released on 10 December 2018 as the results of 12 months of investigation.
Australian cartel immunity update – ACCC quietly expands its immunity policy to apply to a concerted practice - A recent change to the ACCC's Cartel Immunity Policy confirms that it applies to both cartel conduct and a concerted practice. This should provide potential immunity applicants with some comfort where their conduct can possibly be characterised as both or either cartel conduct and a concerted practice. .
Backing infrastructure investment in the Indo-Pacific: the trilateral Australia-Japan-United States partnership - The trilateral partnership could lead to significant opportunities for Australian businesses and the Australian economy.
Comments sought on proposed changes to Northern Territory petroleum legislation - Amendments to petroleum legislation in the Northern Territory are being proposed to give effect to a number of recommendations of the Independent Scientific Inquiry into Hydraulic Fracturing.
Commonwealth claims on undertakings continue to be a risk for pharmaceutical patent owners - Patentees, generic pharmaceutical companies and the Commonwealth hold their breath as they await a decision on the Commonwealth's entitlement to compensation under the usual undertaking as to damages.
Duties of good faith in joint venture arrangements – ignore at your peril - If a dispute arises in a complex joint venture project, fiduciary obligations and implied duties of good faith may be found to exist despite the parties not having turned their minds to these issues when formulating their joint venture arrangements.
Is an Alliance suited to your IT Project? - Alliance contracting is a tool with very specific uses, and needs the right project.
Major projects & construction 5 Minute Fix 26 - Get your 5 Minute Fix of major projects and construction news. This issue: significant security of payment reform on the agenda in WA, review of the BCIIP Act tabled, Infrastructure Victoria's report on the investment required to support automated and zero emissions vehicles, more on cladding and the High Court grants special leave to consider the availability of a quantum meruit claim as an alternative to contract damages upon repudiation of a building contract.
Major projects & construction: 5 Minute Fix 25 - Get your 5 Minute Fix of major projects and construction news. This issue: latest updates to NSW security of payment legislation; further cladding reforms for Queensland; NSW Court of Appeal outlines when adjudicators' decisions will be invalid for lack of good faith; and is quantum meruit bound for the High Court?
Media Release: Clayton Utz advises Alcoa on new gas supply agreements with BHP, Chevron and Woodside - Clayton Utz is pleased to have advised Alcoa on its gas supply contracts with BHP, Chevron and Woodside which will feed its three alumina refineries in south west Western Australia.
Media Release: Clayton Utz advises Spookfish on successful $137 million scheme of arrangement with EagleView - Clayton Utz congratulates its client Spookfish Limited (ASX: SFI) on the successful implementation of its scheme of arrangement with Eagle View Technologies, Inc.
Media Release: Clayton Utz advising Euroz and Sprott on $43.2m placement by West African Resources - Clayton Utz is acting for Euroz Securities Limited and Sprott Capital Partners, a division of Sprott Private Wealth LP, as joint lead managers, underwriters and bookrunners to West African Resources Limited's $43.2 million placement, which forms part of the company's $326 million debt and equity funding package announced to the ASX today.
Media Release: Clayton Utz announces new partner promotions effective 1 January 2019 - Clayton Utz is pleased to announce the appointment of five new partners, effective 1 January 2019.
Mind the gap: High Court expands the reach of case management - A recent High Court case should give litigators pause as it punished conduct many would consider good practice.
More streamlined process, wider pool of buyers, for administrators in restructuring following Mesa Minerals decision - A court decision to allow a sale to insiders of a company subject to a deed of company arrangement will make the restructuring process smoother for administrators, who can now negotiate with a wider pool of potential purchasers.
New rehabilitation framework for mining projects in Qld - Progressive Rehabilitation and Closure Plans and a new public interest consideration for mines have been introduced into Queensland.
New whistleblowing protections passed by Senate, with some tweaks - Many companies will soon need to adopt a whistleblower policy (or to expand their existing policy) as Federal whistleblowing laws are closer to being enacted.
No double-dipping is business as usual: understanding "Increased Cost of Working" in Industrial Special Risks claims - A business claiming Consequential Loss of Profits under common types of Industrial Special Risk policies will often make the mistake of treating the reduction in Turnover/Output and the Increase in Cost of Working as separate heads of claim – but they aren't.
No fishy business: first case on substantially transformed complementary medicine tests meaning of "Australian Made" - Whether goods are "fundamentally different in identity, nature or essential character" from all of their ingredients that were imported into the country involves an overall assessment comparing the finished goods with the imported ingredients collectively.
NSW Government seeks comment on SEPP 70 changes to accelerate affordable housing - The NSW Government is seeking feedback on proposed changes to the State Environmental Planning Policy No. 70 – Affordable Housing (Revised Schemes) (SEPP 70).
NSW waste reform package takes effect - The reforms establish more rules and higher standards for waste operators in the construction and demolition waste industry.
Queensland amends regulated waste classification and implements new waste-related ERA framework - Waste facilities should review their current waste-related activities against the new regime to ensure compliance and determine any changes in regulation and costs.
Real estate: 5 Minute Fix 04 - Get your 5 Minute Fix of real estate news. This issue: new protections for off-the-plan sellers in NSW; build-to-rent development exemptions in Vic; WA's new strata and community titles regime; WA's new foreign purchaser transfer duty surcharge; new obligations under WA's biodiversity regime, FIRB update; cladding update; NSW Retail Leasing Code of Practice; how the new Modern Slavery laws could affect you.
Senate Economics References Committee tables unsparing report on non-conforming building products - The Committee's final report offers a comprehensive appraisal of the structural and other problems that characterise the current building regulatory system and is unequivocal in its call for urgent action.
Terminating employment "because of" a mental disability, or its manifestation? Federal Court says it doesn't matter - Employers that engage in adverse action because of manifestations of a disability are likely to have fallen foul of section 351 of the Fair Work Act, with the Federal Court holding the meaning of a "disability" includes the manifestations of a disability.
Time to review your template contracts and precedent leases or risk parts being unenforceable - Some common clauses in template contracts and precedent leases could fall foul of the unfair contract laws – and lead to a visit from the ACCC.
Tougher penalties for white collar crime – can you spare 10% of your annual turnover? - The Bill amends the Corporations Act, ASIC Act, Credit Act and Insurance Contracts Act to strengthen penalties for corporate and financial sector misconduct.

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.