February

"Social lube" and milkshakes: the dangers that lie in naming a beer - To avoid the cost and potential public relations embarrassment or backlash that may follow from failing to comply with the ABAC Code, producers and their marketing teams ought to take three basic steps.
2020 update on management of probity in funding decisions - Processes and record-keeping are again under the microscope in the latest ANAO audit reports.
ACCC brings case under new misuse of market power provision - The proceedings will not only be the first application of the new effects test under the misuse of market power provisions, but also signal the ACCC's heightened interest in the dealings of port operators goes here
Administrative law mythbuster no 4: R v Kearney; Ex parte Jurlama and beneficial legislation - While reference to the general aspirations of a statute may be useful, statutory construction still requires faithful adherence to the meaning of the relevant section consistent with the context and purpose of the statutory scheme.
Back to the future: potential future competitors playing a role in ACCC merger consideration - The ACCC's preliminary concerns with a merger between an established pharmaceutical company and a possible market entrant with zero existing market share is an important reminder that the competition test is forward-looking – and not limited to present states of play.
Can I have your confidential information for my trial preparation? Full Federal Court weighs in - The Full Federal Court has given businesses, who are being sued, greater assurance that confidentiality obligations will prevent their former employees from voluntarily providing confidential information to the opposing side.
Clayton Utz appoints leading public law litigator Ian Temby as a partner in Canberra - Respected public law litigator Ian Temby will join Clayton Utz as a partner in the firm's Public Sector practice in Canberra.
Clayton Utz's IP/Life Sciences team wins in the High Court (Again!): Vitamins and weight-loss gummies classified as duty-free medicaments - The High Court appears to have considerably narrowed the scope of the exclusion of goods from the duty-free medicaments classification in the Customs Tariff Act.
Extreme weather events, smoke haze and poor air quality: business must take steps to ensure worker health and safety - Businesses should create a plan to monitor the level of WHS risks caused by bushfires or extreme weather events, and respond to them swiftly.
Financial Services Royal Commission - Exposure draft legislation briefing note - The Government has released draft legislation for consultation in relation to 22 recommendations and two additional commitments arising from the Financial Services Royal Commission.
Hindsight is 2020, foresight is 2040: the NSW Government's plan to future-proof the State - Tax and regulatory reforms, and new innovation precincts, are all measures the NSW Government hopes will spur R&D and innovation in the next 20 years.
Marathon service-wide transformation of the APS begins with a sprint – but there are many miles to go - The majority of the APS is unlikely to break a sweat during the sprint period at the start of 2020, but will need to get ready for when the pace picks up.
NSW building industry Six Reform Pillars: ratings systems and regulatory overhaul - The NSW Government has unveiled plans to implement ratings systems for professionals in the building industry and new powers enabling the NSW Building Commissioner to prevent occupation certificates from being issued on suspect developments.
NSW Productivity Commission: Independent Planning Commission should be retained, but with major reforms - These changes to the Independent Planning Commission are in keeping with the Berejiklian Government's desire to cut red tape, increase transparency, and reduce assessment timeframes in the planning system.
Project Bank Accounts are coming to all Queensland building projects above $1M - Project Bank Accounts will be required on all Queensland building projects worth over $1M with a phase-in period from 2020 to 2022.
Referring disputes to “a Court of competent jurisdiction” – not always a viable option in the cultural heritage context - Project proponents and other parties to cultural heritage agreements (whether current or proposed) should be wary of clauses that provide for referral of disputes to the Land Court or to another “Court of competent jurisdiction”.
Uncertainty surrounding Australian made claims on complementary healthcare products finally resolved - The Australian Government has introduced new regulations that will allow more manufacturers of complementary medicines to make Australian made claims.

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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.