June

A new financial dispute resolution scheme on the horizon – what you need to know now - Financial firms, including superannuation trustees, will need to get ready now for the Australian Financial Complaints Authority, the new external dispute resolution scheme.
ASIC's financial services licensing proposal for foreign financial services providers - Foreign financial services providers should maintain a watching brief on the proposed regulatory changes.
Bookbuilds – is yours fair? - ASIC is turning its attention to capital raising allocations, signalling to firms the need for clear policies to ensure that all allocations are fair and in the best interests of their clients.
Clayton Utz lawyers Lauree Coci and Sumer Dayal among winners at 30 under 30 Awards - Clayton Utz senior associate Lauree Coci and IP lawyer Sumer Dayal were recognised for their professional excellence and contributions to the legal profession and wider community at the sixth annual Lawyers Weekly 30 Under 30 Awards in Sydney on 18 May.
Code crackdown: ACCC recommends big reforms to Franchising Code of Conduct - Any business which has not already reviewed its standard form contracts to audit all such contracts to ensure that they do not contain terms which are unfair.
Considerations for media and telco vertical mergers in the rise of the digital media age - Traditional media continues to be disrupted by digital technologies, but there are differing views about whether the merging of media companies will help or hinder the media market.
Directors' authorisation of design infringement: lessons from the bottom of a fruit container - The Federal Court can readily hold that a director authorised infringement of designs even if there may be, all things considered, minimal evidence showing such authorisation.
East Coast vs West Coast: the national Review of Security of Payment Laws recommends harmony - Certain proposed changes require a fundamental structural and philosophical change to the current legislation, including removal of core tenets.
Is that a second payment claim? According to the Victorian Supreme Court, there's no room for confusion - Discipline and strict observance of the Victorian security of payment scheme's technical requirements are key.
Keeping to the letter of bank guarantees - A recent case highlights the need for the beneficiaries of bank guarantees and other performance securities to ensure they comply with its full requirements in any demand they make or risk losing out.
Legislation for fracking moratorium and prohibition on underground coal gasification operations in South Australia - There is a new push to legislate the 10-year moratorium policy on hydraulic fracking in South Australia announced earlier this year, and to prohibit underground coal gasification operations.
Low threshold for adjudicator's reasons - The New South Wales Court of Appeal has underscored the formidable challenges faced by parties seeking to establish jurisdictional error in adjudication determinations.
Major projects & construction 5 Minute Fix 12 - Get your 5 Minute Fix of major projects and construction news. This issue: the pipeline for Queensland major projects, project finance, dispute resolution, and the latest in security of payment.
Major projects & construction 5 Minute Fix 13 - Get your 5 Minute Fix of major projects and construction news. This issue: regulation of autonomous vehicles, "no oral variation" clauses, delay to the second stage of Queensland's security of payment reforms, technology in the construction industry, Victorian cladding update, more from Infrastructure Australia and the latest on the NSW Financial Management Transformation.
Make sure your product does what you say it does: Misleading claims flushed away - Recent penalties handed out to Pental Limited and Pental Products Pty Ltd for breaches of the Australian Consumer Law are a timely reminder that products must do what they say they do in the case of the not-so-flushable wipes.
Media Release: Clayton Utz acts for Japan's Nissui on prawn farm investment - Clayton Utz has advised Japanese marine products company Nippon Suisan Kaisha Ltd ("Nissui") on its acquisition of a stake in ASX listed prawn farming operation Seafarms Group Limited ("Seafarms"). Nissui announced the transaction on 22 May 2018.
Media Release: Clayton Utz's Shae McCartney and Mark Geritz among winners at the 2018 Partner of the Year Awards - Clayton Utz partners Shae McCartney and Mark Geritz were among a handful of senior legal practitioners to be recognised for their professional achievements, leadership and broader contributions to the legal profession at the third annual Lawyers Weekly Partner of the Year Awards in Sydney on 15 June.
Media Release: Doug Jones AO RFD awarded road industry's highest honour - Clayton Utz consultant Doug Jones AO RFD has become the first lawyer to be awarded the prestigious John Shaw Medal by Roads Australia. Announced at the annual John Shaw Award Dinner in Sydney on 31 May, the road industry's highest accolade recognises Doug for his lasting contribution to Australia's roads.
Media Release: Thank you, Ardoch, for our Volunteering Queensland award - Clayton Utz is proud to have received the Corporate Volunteering Award at the Queensland Volunteering Awards 2018 for its participation in Ardoch Youth Foundation's (Ardoch) Literacy Buddies® program at Murarrie State School in Brisbane's east.
National minimum wage to increase by 3.5% from 1 July 2018 - Businesses that engage employees who are covered by modern awards will need to plan for pay increases following the Fair Work Commission's minimum wage decision earlier this month.
New ipso facto regime clearer with final Regulations, but uncertainty for business and insolvency sector remains - The regulations for the new ipso facto regime were published on 24 June 2018, and apply to all contracts to be entered into on or after 1 July 2018.
Pfizer's bundling and rebates get a clean bill of health – do yours? - The Federal Court has confirmed that vigorous competition on the merits, even by a firm possessing substantial market power, will not be found to constitute an abuse of market power.
Real estate: 5 Minute Fix 02 - Get your 5 Minute Fix of real estate news. This issue: insolvency, GST withholding, mandatory electronic lodgements, low rise medium density housing code, short term letting regulation, building bonds and fire safety regulations, foreign acquirer duty and land tax.
Regulation of autonomous vehicle safety systems - NTC recommends national legislative regime and a primary safety duty - The National Transport Commission has identified its preferred approach to regulating autonomous vehicle safety systems, for which it is seeking public input on it until 9 July 2018.
The brave new world of BIM, "megatrends" and digitalisation: is the construction industry ready? - A recent report by the World Economic Forum and the Boston Consulting Group suggests that the construction sector is lagging behind other industries in embracing technologies of the "Fourth Industrial Revolution" and can no longer afford to do so.
The Takeovers Panel is hitting its stride by making declarations that reflect its underlying purpose - The Takeovers Panel is demonstrating a willingness to declare circumstances unacceptable, notwithstanding that there may not be any discernible breach of the law.
Therapeutic goods advertising in the spotlight with the TGA's proposed new consumer complaints handling system - From 1 July, a new, streamlined complaints handling process for the advertising of therapeutic goods to consumers will come into effect.
Transforming Queensland's recycling and waste industry - In support of the proposed waste levy from Quarter 1 2019, the Queensland Government has released a Directions Paper "Transforming Queensland's Recycling and Waste Industry" which is open for submissions until Friday 29 June 2018.
When auto-complete goes wrong: High Court gives green light to defamation action for Google search results - A recent High Court decision has opened the door to defamation proceedings that could affect search engine providers, as well as other businesses using search engine optimisation to improve their online profile.

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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.