August

$10m penalty for prescription-only advertisements by supplements retailer: TGA gets tough on suppliers - The Peptides Clinic case is another in a growing line of enforcement proceedings over the advertising of therapeutic goods brought by the Secretary since the reforms to the Therapeutic Goods Act introduced a new streamlined complaints process and stronger compliance and enforcement powers.
Abandonment of employment – what to do when your employee is a no-show - Abandonment of employment is a complicated and risky area, and employers should not lightly conclude that it has happened, especially if there is any indication the employee intends to return.
Media Release: Clayton Utz named among leading workplaces who give back - Clayton Utz is proud to feature in GoodCompany's 2019 best workplaces to give back program - one of only two law firms on the list.
Court clarifies the meaning of "reasonable practicability" in OHS after finding a Magistrate has misstated the test - The Court must consider what the employer / persons conducting a business or undertaking should have foreseen and done to manage risk, having regard to, amongst other things, their actual or constructive knowledge at the time of the contravention.
Disclosing your climate risks: ASIC sets out its guidance for directors - ASIC will undertake surveillance of climate change-related disclosure practices for listed entities, and will be expecting to see climate change disclosures in both OFRs and prospectuses.
Federal Court delivers landmark judgment on leave entitlements - The Full Federal Court has confirmed that employees are entitled to 10 days of personal leave regardless of the pattern of hours worked.
Foreign enforcement: the new Hague Convention may fill a gap in the international legal landscape - The recently adopted Hague Convention on Recognition and Enforcement could facilitate cross-border transactions and litigation, but although some major players have expressed interest, it's still unlikely to have much impact for some time.
Hacked? Don't expect legal professional privilege to stop others using your documents, says High Court - Legal professional privilege won't stop documents taken as part of the Paradise Papers hack being used by the Australian Taxation Office in assessing tax liability, in a decision that both affirms traditional views of legal professional privilege, and leaves three key issues undecided.
Highway blues: when dedicating land as a highway cannot be very easily done - Two recent decisions, one in New South Wales, the other in Victoria, show that not every walk down a dirt road has the same meaning, at least for the law.
Hold Your Fire! Anonymous tweeting can breach the APS Code of Conduct and justify termination - The High Court has handed down its highly anticipated judgment in Comcare v Michaela Banerji [2019] HCA 23 and found that an APS employee's anonymous tweets can breach the APS Code of Conduct and justify termination of employment.
Hydrogen energy – how do I get a project approval? - Proponents of hydrogen production projects should consider existing international standards on hydrogen as a guideline to potential Australian regulations and consult with the relevant consent authority when drafting a proposal.
Major projects & construction 5 Minute Fix 38 - Get your 5 Minute Fix of major projects and construction news. This issue: New ethical supplier requirements for Queensland; countdown until commencement of NSW SOP reforms, and Queensland Supreme Court considers when an arbitration agreement is "incapable of being performed".
Major projects & construction 5 Minute Fix 39 - Get your 5 Minute Fix of major projects and construction news. This issue: quantum meruit in the spotlight, again; recovery of liquidated damages claim against a third party guarantor; the latest on the NSW Modern Slavery Act, submissions invited regarding draft Regulation and Bill; the High Court examines the issue of cross-border registration of building practitioners; further cladding reforms for Queensland; and guidance to making a valid payment claim.
Narrow interpretation wins out: EPA v Grafil – huge blow for waste recycling industry - The Grafil decision imposes a greater burden on the waste industry in regards to inspection and compliance, especially for those processing construction and demolition waste, because of the strict interpretation of the definition of "asbestos waste".
Potato case highlights one of the problems with the unfair contract term provisions - Unfortunately, since the context of a contract is important to whether a term is unfair, judgments on whether a particular term is unfair are of limited assistance.
Queensland raises the stakes on ethical procurement - Queensland Government entities and suppliers have new obligations under the Queensland Procurement Policy with the introduction of the Ethical Supplier Threshold and Ethical Supplier Mandate.
Review of Australian Domestic Gas Security Mechanism underway, and closes soon - The review is being conducted by the Department of Industry, Innovation and Science and is expected to be completed by the end of September 2019.
Media Release: Software company FINEOS successfully lists on the ASX, with help from Clayton Utz - Irish technology company FINEOS Corporation Holdings plc has completed its initial public offering and listing on the Australian Securities Exchange on Friday, 16 August 2019. It is currently the largest foreign technology company listed on the ASX.
The Competition and Consumer Act and restraints of trade for workers: what do I need to know? - There is no general exemption in the Competition and Consumer Act for a restraint of trade – whether it's exempt will depend on the parties to the restraint and the activities it extends to.
The NT opens the door to onshore gas exploration drilling and fracking - With the announcement of no-go zones and release of the Monitoring and Compliance Strategy, onshore gas exploration drilling and fracking can recommence in the Northern Territory, but production approvals are still on their way.
Trust but verify: the perils of providing false and misleading information to the NSW EPA - Directors and managers who are in a position to influence the conduct of a corporation in relation to compliance with an EPL need to exercise care and diligence to ensure that false or misleading information is not provided to the NSW EPA.
Watch this space: the ATO's "reasonably arguable" duty of care to taxpayers - The Federal Court's ground-breaking decision to allow a potential claim of negligence to proceed against the Commissioner of Taxation is a novel development (for novel circumstances) that is a first step towards opening the door to negligence claims by taxpayers against the ATO.

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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.