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.
Administrative law updater: How to get what you actually want: a look at valid notices to produce - An upcoming appeal to the High Court will shed light on the question of how to ensure certainty when drafting a notice to produce
Anti-phoenixing legislation (and last director resignation preclusion) comes into force - The restriction on the last remaining director resigning is a seminal change in Australian corporations law which will affect all directors (not just those who participate in phoenix activity).
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.
Media Release: Better mental health management key to improving workplace wellbeing - A more pro-active and structured approach to managing employees' mental health, including early intervention, will help organisations to see positive change in workforce health and wellbeing, according to two Clayton Utz specialists.
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.
Media Release: 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.
Media Release: Clayton Utz continues its diversity leadership for the sixth consecutive year - Clayton Utz has been recognised as an Employer of Choice for Gender Equality (EOCGE) for 2019/20 by the Workplace Gender Equality Agency (WGEA) today, for its sixth consecutive year.
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.
Combustible cladding update: a new threat emerges - With Biowood being a popular product used in the Australian market, this decision will likely open the door for many property owners and owners corporations who wish to bring claims against builders and building professionals for the removal and replacement of Biowood used on their property.
Did the High Court really strike down common fund orders in Brewster? Options emerge for class action litigation funders - There are signs common fund orders in class actions might not be dead, but just resting – and litigation funders are exploring fund equalisation orders as an alternative.
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.
Major projects & construction 5 Minute Fix 47 - Get your 5 Minute Fix of major projects and construction news. This issue: what’s next for Project Trust Accounts in Queensland; the regulatory landscape in 2020; the NSW Supreme Court on Anshun estoppel; and the scope of the 10-year statutory limitation under section 6.20 of the Environmental Planning and Assessment Act 1979 (NSW).
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.
Media Release: Clayton Utz advises Euroz on Energy Resources of Australia's A$476m capital raising - Clayton Utz has advised Euroz Securities Limited as broker in connection with a successful A$476m capital raising by ASX-listed Energy Resources of Australia Ltd (ERA). The raising was announced on 15 November 2019 and completed yesterday.
New change of control rules and disqualification criteria on the way for Queensland resource authority holders - Direct and indirect changes of control and new broadranging disqualification criteria for proposed holders of resource authorities will be under the microscope if the Mineral and Energy Resources and Other Legislation Amendment Bill 2020 is passed.
New koala regulations for South East Queensland - The amendments have the potential to significantly impact clearing activities on land, and requirements for development to improve protection of and connectivity for koalas.
New privacy permissions in response to the 2019-20 bushfire emergency - Entities subject to the Privacy Act should familiarise themselves with the implications of this Declaration.
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”.
Rest and relaxation is no holiday for casual employees' minimum employment period - The Fair Work Commission will closely examine the terms of enterprise agreements to determine the true nature of an entitlement, which may lead to unexpected outcomes – so check your employment and rostering arrangements.
The ACMA prepares for 5G, now it is our turn - With the ACMA getting ready for the arrival of 5G, it is a good time to reflect on the status of 5G deployment in Australia and consider the impact it may have on the Australian market.
The Peru-Australia Free Trade Agreement: Australia’s gateway into Latin America - The Peru-Australia Free Trade Agreement (PAFTA) has come into force, providing new opportunities for Peruvian businesses to invest in Australia, and new export opportunities for Australian goods and services.
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.
Victorian foreign purchaser additional duty trap to spring in autumn - For transactions on or after 1 March 2020, review all discretionary trust deeds before acquiring Victorian residential land.

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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.