December

ACCC opens door to OEMs offering extended warranty periods tied to vehicle servicing exclusively within authorised dealer networks – but with a catch - The ACCC has allowed Mitsubishi to offer extended warranty periods on condition consumers service their vehicles exclusively within the Mitsubishi dealer network. This will, no doubt, be of interest to many more in the industry and could well be the catalyst for similar initiatives being offered by others moving forward, though the ACCC has flagged that it could revisit its decision if it perceives over time that the arrangements are materially harming competition.
ACCC recommends new fair trading laws in Australia's perishable agricultural goods markets - The ACCC has delivered its report from its perishable agricultural goods inquiry, making recommendations on unfair contract terms which are consistent with the recent introduction of penalties and the ACCC's advocacy for unfair trading provisions to fill a perceived gap in the ACL.
An early Christmas present for Departments and SMEs: New Commonwealth Procurement Rules (December 2020) - New Commonwealth Procurement Rules have been issued by the Minister for Finance under section 105B(1) of the Public Governance, Performance and Accountability Act 2013 (Cth) and will come into effect on 14 December 2020.
Australian M&A: The offshore investor's tax roadmap - At every step of the way, Federal and State tax regimes can be a pothole – or an opportunity to get an edge on the competition – on the road to a successful investment in Australia. With a clear roadmap to potential opportunities and issues, tax laws can smooth the way and help you get to your destination quicker.
Australian privacy law reforms: insights from the OAIC's submissions - While much will depend on the final form of any legislative amendments, those amendments will inevitably increase the administrative and financial costs associated with compliance with the Privacy Act for businesses.
China's unofficial trade ban on Australian commodities: Does your supply contract provide relief if you can no longer perform? - As a result of China's official and unofficial trade restrictions miners, suppliers, commodities trading houses, customers and end users should be checking what contractual protections they may be able to rely on (or may be invoked by counter-parties) and what steps can be taken to mitigate against these risks in negotiating new sale and purchase agreements in a challenging trading environment.
Class actions in Australia - Class actions in Australia have a distinct character.
Closing in on a National Standard for the Environmental Risks of Industrial Chemicals - The Industrial Chemicals Environment Management (Register) Bill 2020 promises to establish a national register that simplifies the risks and controls around industrial chemicals.
Critical food and grocery asset – a national security concern? - Proposed amendments to the Security of Critical Infrastructure Act 2018 (Cth) and the Foreign Acquisition and Takeovers Act 1975 (Cth), if passed, will have an impact on the food and grocery sector by expanding the current obligations for foreign investors to notify FIRB before investing into critical food and grocery assets in the sector, and imposing ongoing reporting and security obligations for responsible entities of critical food and grocery assets.
Draft Design and Building Practitioners Regulation: are you ready to declare? - The NSW Government's draft Design and Building Practitioners Regulation 2020 outlines rigorous reforms that will affect design practitioners and builders who work on multi-storey residential building projects.
Engineering update: Queensland regulator gets new powers, and the threat of corrupt conduct for unregistered professionals - Queensland's engineering industry should be prepared for a number of compliance audits and investigations into non-compliance with the Professional Engineers Act to be conducted.
Federal Parliament Committee releases mammoth report on Litigation Funding and Regulation of the Class Action Industry - The Parliamentary Joint Committee on Corporations and Financial Services has today released to the public its 450 page report on Litigation funding and the regulation of the class action industry.
Full Federal Court confirms certain leave entitlements cannot be taken during a lawful stand down period - While employees will still be able to take annual leave during a stand down, they are not entitled to take paid personal/carer’s or compassionate leave during that same period.
Government services 5 Minute Fix 07 - Get your 5 Minute Fix of government sector news. This issue: new procurement rules for Federal and NSW Governments; 2020's administrative law developments in review; privacy and natural justice; Standing Order 52; and the usual round-up of issues affecting the public sector.
How will a Parliamentary Compliance Officer in NSW Parliament affect you? - The establishment of the Parliamentary Compliance Officer means, more than ever, it is important for NSW Government employees to diligently comply with their record-keeping obligations, all probity and disclosure requirements as well as all relevant workplace obligations.
Increased penalties for breach of National Energy Laws under new three-tier framework - Market participants should prepare for increased enforcement activity by the AER under the new three-tier penalty framework.
Last call for amendments to discretionary trusts to avoid surcharge purchaser duty and surcharge land tax - Discretionary trust deeds must be amended before midnight on 31 December 2020 to avoid the inadvertent imposition of surcharge purchaser duty and surcharge land tax on trusts that do not exclude foreign persons from being beneficiaries of the trust even where none of the existing beneficiaries are actually foreign persons.
Major projects & construction 5 Minute Fix 67 - Get your 5 Minute Fix of major projects and construction news. This issue: reference date confusion persists in NSW; NSW Court of Appeal considers the role of "market rates" when valuing a quantum meruit claim, and another example of how Victoria's "excluded amounts" regime restrains both principals and contractors from agitating claims for time-related compensation adjudications.
Media Release: Clayton Utz acted on A$1.9 billion Tianqi Lithium joint venture with IGO Limited - Clayton Utz has acted for China-based Tianqi Lithium Corporation (Tianqi) on its entry into agreements to create a global lithium joint venture with ASX-listed nickel and gold miner IGO Limited - one of the largest energy and resources deals in Australia year to date, valued at A$1.9 billion.
Media Release: Clayton Utz announces 1 January 2021 partner appointments - Clayton Utz will have eight new partners from 1 January 2021, all vertical promotions.
Media Release: Clayton Utz assists Fiveight with purchase of Perth CBD office tower - Clayton Utz has advised Fiveight, the property development and investment business of Tattarang, one of Australia's largest private investment groups, on its acquisition of the Perth CBD office tower 190 St Georges Terrace.
Media Release: Three Clayton Utz partners named winners at 2020 Lawyers Weekly Partner of the Year Awards - Legal industry title Lawyers Weekly recently announced the winners of its 2020 Lawyers Weekly Partner of the Year awards - and three Clayton Utz partners are among them.
New EPBC Act assessment bilateral agreement for the NT out for consultation – have your say - The draft revised assessment bilateral agreement between the Commonwealth and the Northern Territory is open to comment until 29 January 2021.
New ICT purchasing framework to replace Procure IT: NSW Dept of Customer Service to launch industry consultation phase - In December 2020, the New South Wales Department of Customer Service will release, for industry consultation, exposure drafts of a new suite of ICT contract documents.
Northern Territory: TERC Report details strategy to pursue goal of $40B economy by 2030 - The Territory Economic Reconstruction Commission tells government to "roll out the red carpet" for private investment to drive economy growth.
NSW Infrastructure SEPP reforms to speed up delivery of low impact health infrastructure - Under the proposed changes to the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) small scale health infrastructure development is to be fast tracked.
Privacy 5 Minute Fix 02 - Get your 5 Minute Fix of privacy news. This issue: the audit of the COVIDSafe app; South Australia rolls out its contact tracing QR code; Quad squad fights for cybersecurity; what's in a name? Quite a lot when it comes to privacy; NZ rolls out notifiable data breach regime among other amendments to its privacy laws; and we round up our latest thinking.
Providing a better development contributions system in NSW: Productivity Commission Report released - The Productivity Report found that the current system is unnecessarily complex and is not fully enabling local and State government to provide the infrastructure required to support development.
Real estate: 5 Minute Fix 12 - Get your 5 Minute Fix of real estate news. This issue: Project Remediate: NSW cladding remedy; NSW to phase out stamp duty; ACT body corporate changes; QLD POA update; QLD COVID-19 Retail Lease Legislation; WA off-the-plan transfer duty rebate extended; QLD: Amendments to the Queensland Community Titles Scheme legislation and a recent case in WA involving COVID-19 disputes and the treatment of an expired lease.
Records management obligations for NSW Government entities 01: What you need to know! - In the first in a series of articles that explore the obligations of those that fall within the definition of "public office" in relation to "State records", we look at the basic framework which regulates NSW Government departments and agencies, an array of NSW public sector entities and local councils (among others).
Recycling and Waste Reduction Bill 2020 (Cth): What's in store? - The Recycling and Waste Reduction Bill 2020 (Cth) is one of a suite of recycling and waste reduction bills passed by both houses of Federal Parliament on 8 December 2020. Ahead of the commencement of this landmark legislation, wetake a closer look at what the Bill aims to achieve
Regulation of in-service safety for automated vehicles: due diligence obligations for Australian ADSE executive officers - Although executive officers could have new obligations under the NTC proposal, Australian-based ADSE officers who are not in a position to influence ADS safety will not be liable for managing risks that are outside of their control.
Shareholder class action update: can foreign residents be group members in Australian class actions? - Impiombato (No 2) confirms it is possible for foreign residents to be group members in Australian class actions but leaves open some important questions of principle.
Significant Australian foreign investment reforms commencing 1 January 2021 - Very significant reforms to Australia's foreign investment review framework will commence on 1 January 2021. At the same time, the temporary COVID-19 measures announced on 29 March 2020 (which reduced all of the monetary thresholds to $0) will cease.
Ski collision case sheds light on civil liability for "dangerous recreational activity" - The Court can identify a "dangerous recreational activity" by taking into account a wide range of physical and psychological factors, as well as matters of common knowledge.
Statutory land access agreements and new compensation rules for NT petroleum operations: what you need to know for 2021 - New regulations will commence on 1 January 2021 to impose statutory requirements for land access agreements, including standard minimum protections, and prescribe further circumstances for compensation to landowners.
Supply chain finance and extended payment terms are under the regulatory microscope - Supply chain finance and, in particular, its use to extend supplier payment terms, has been the subject of significant scrutiny in 2020 and it doesn't look to be letting up any time soon.
The Federal Government's omnibus IR reforms legislation: what is in, what is out, and what you need to do now - Australia's workplace relations regime is not in for a major overhaul, but the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 does represent the most substantial shift in industrial relations since the Fair Work Act 2009 (Cth) was introduced in 2009.
To vest the security interest or not to vest the security interest after a restructuring? - Companies post-restructuring are not subject to the rules protecting creditors of insolvent companies in section 588FL of the Corporations Act 2001.
Underpayments meet class actions and litigation funding: a perfect storm? - We expect to see a continued upswing of employment-related class actions in the future, with an increasing number of these class actions having litigation funders at the helm.
Unity for community schemes: more alignment to strata title - Associations and owners need to understand their obligations under by-laws and comply with any breach notices as the penalty for non-compliance will be doubled should the Community Land Management Bill be enacted in its current form.

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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.