July

A new legislative framework foreshadowed to strengthen the regulation of civil surveillance technologies in Queensland - Foreshadowed stronger privacy protections for civil surveillance technologies in Queensland could lead to changes in a range of widespread practices, including the recording of private conversations.
A tale of two taxi definitions – practical approach prevails as FBT exemption applies to ridesharing trips - Businesses should consider updating their travel policies with respect to ridesharing and seek refunds of fringe benefits tax (FBT) paid in respect of ridesharing 'taxi travel' where appropriate.
ACCC ramps up Franchising Code enforcement actions in line with its 2020 Compliance and Enforcement Priorities - The significance of the ACCC bringing proceedings against a franchisor for false and misleading representations, and not simply for breaches of the Franchising Code itself, lies in the penalties that can be imposed.
Administrative law updater: Help! Do I owe a duty of procedural fairness? - Most decisions that affect rights, interests and legitimate expectations will require procedural fairness. But how do you work out if procedural fairness is excluded?
Administrative law updater: Statutory construction – statutory meaning vs ordinary meaning - To understand the significance of a term used in legislation, you may need to consider whether the word has a specific statutory meaning as opposed to its ordinary or natural meaning.
As liquidators prefer it – the doctrine of peak indebtedness is here to stay - This decision puts to rest some of the uncertainty which arose due to the NZCA's approach in Timberworld and helps to solidify liquidators' prospects of recovering maximum preferential payments.
Australia's foreign investment policy framework: How are we really doing and what can be improved? - While it remains to be seen which of the Productivity Commission's recommendations will be adopted, it is likely that Australia’s foreign investment policy will continue to shift as Australia navigates its COVID-19 recovery and global geopolitical alliances change.
Build-to-Rent: the start of something new - NSW is proposing to give developers who invest (or have invested since 1 July 2020) in new build-to-rent schemes a 50% land tax discount, which will last for 20 years
Climate change, offsets and hydrogen: NT Government setting the foundations for a net zero emissions target by 2050 - The NT Government has released its policy foundations for a net zero emissions target by 2050 in the Territory and the principles for an offsets framework to support the newly commenced environmental regulatory regime.
COVID-19 planning modifications in Queensland - Requirements which apply to public notification of development applications, including those in priority development areas, and public access to documents have been temporarily modified in response to the COVID-19 emergency.
Full Federal Court shines light on infringement of Swiss style claims - The Full Federal Court has clarified the law regarding the enforcement of Swiss claims in Australia. Whether a Swiss claim has been infringed depends on whether the medicament is for the specified therapeutic purpose. This question is directed to the characteristics of the manufactured medicament, having regard to all the circumstances of the case, and does not require direct evidence of the manufacturer’s actual intentions.
Major projects & construction 5 Minute Fix 56 - Get your 5 Minute Fix of major projects and construction news. This issue: significant security of payment reforms proposed for WA and NSW, recent NSW and Victorian cases on payment claims and adjudication challenges, grounds for challenging expert determinations, successful quantum meruit claims continue to be elusive, new NSW procurement guidelines for major projects, and essay prize success.
Major projects & construction 5 Minute Fix 57 - Get your 5 Minute Fix of major projects and construction news. This issue: the Queensland Parliament passes security of payment amendments and an update on timing for project trust accounts; QBCC Licence regime tightens as exemption through use of licensed contractors is abolished; the NSW Court of Appeal provides clarity on when a stay of judgment debt may be available; and a round-up of recent UK case law.
Media release: Clayton Utz advises Japan's Mitsubishi Estate on complex One Sydney Harbour acquisition - A Clayton Utz team has acted for one of Japan's largest developers, Mitsubishi Estate, on its acquisition from Lendlease of a 25 per cent interest in the One Sydney Harbour Residences One (OSH R1) project in Barangaroo, Sydney. The transaction completed on 2 July.
Media release: Clayton Utz advises NYSE-listed O-I Glass, Inc. on sale of ANZ business to Visy Industries - A Clayton Utz team has advised New York Stock Exchange listed O-I Glass, Inc. on its agreement to sell its Australia and New Zealand (ANZ) glass packaging business unit to Australia's Visy Industries.
Media Release: Clayton Utz advises Tattarang on its investment in Azupay - Clayton Utz has advised Tattarang Pty Ltd, the Forrest family's private investment arm, on its majority investment in Australian fintech company, Azupay Pty Ltd. The transaction completed today.
Media release: Clayton Utz advises Tattarang on its investment in GLX Digital - Clayton Utz has advised Tattarang, one of Australia's largest private investment groups owned by the Forrest family, on its investment in Western Australian trading software company, GLX Digital Limited.
Media release: Clayton Utz advises Tattarang on its investment in NodeOne - Clayton Utz has advised Tattarang, one of Australia's largest private investment groups owned by the Forrest family, on its investment in NodeOne, a Western Australian fixed wireless and NBN provider.
Media Release: Clayton Utz announces 1 July 2020 senior promotions - Clayton Utz announces 1 July 2020 Special Counsel, Senior Associate and FTS team promotions.
Media Release: Collaboration, clearer guidelines and better information sharing key to successful reform of Australian environmental laws - Proposed reforms to improve the operation of Australia's environmental laws will require Federal and State and Territory governments to work together and set clear parameters for decision-making against national environmental standards, according to partners in Clayton Utz's Environment and Planning team.
Media Release: New senior leadership team to evolve Clayton Utz's success - The new financial year also marks a new beginning at Clayton Utz, as Chief Executive Partner Bruce Cooper brings on a new Senior Leadership Team.
New NSW legislation imposes obligations on construction industry and establishes new statutory duty owed to owners - New building legislation enacted in NSW imposes multiple new obligations on design practitioners and builders, re-defining the relationship between practitioners and owners by imposing a new duty of care.
New NSW procurement guidelines now in effect for skills and diversity on major construction projects - These targets form part of the NSW Government's commitment to improve workforce capability and capacity across the construction industry.
No more Mickey Mouse directors: What you need to know about the new Director Identification Number requirements - New anti-phoenixing laws have been passed which will require all new and current directors of Australian companies to apply for a Director Identification Number.
NT environment and petroleum reforms have commenced: what you need to know - The long-awaited new environmental regulatory regime has now commenced in the Northern Territory along with significant changes to the petroleum legislation. Proponents for projects that will have an impact on the environment and those in the petroleum industry need to understand how these reforms will operate.
Out with the old, in with the new: JobKeeper 2.0 introduces two-tier wage subsidy available until March 2021 - If your business needs to continue reductions in hours for some or all staff, this is something that needs to be tested on a regular basis and assessed based on the prevailing circumstances of the business.
Penalties for breach of National Energy Laws set to increase under proposed three-tier framework: consultation now open - Market participants should be considering the appropriateness of the classification of tiers, and preparing for increased enforcement by the AER.
Pharma patent settlements: Will yours withstand Australian competition law scrutiny? - Agreements to settle actual or pending challenges to patents in pharmaceutical markets need careful review under Australian competition law.
Planning Delivery Unit to help relieve blockages in NSW planning system - Developers of major projects and rezoning proposals should benefit from a dedicated team in the NSW Planning Department, which is dedicated to unblock planning projects stuck in the planning system and streamline planning processes.
Reforms passed to deliver best practice planning system in the Northern Territory - Amendments to the Northern Territory planning system are set to commence and deliver a key election commitment to better align the NT's planning system with best practice in Australia.
Safe harbour Q&A - Our Q&QA prompts new thinking in the way directors relate Safe Harbour protections to maintaining either an ordinary course of business in the enterprise or in promoting better outcomes under a turnaround plan.
Samuel Review's Interim Report: national environment law needs reform both wide and deep - Legally enforceable National Environmental Standards are a key foundation of the Samuel Review's interim proposals for fundamental reform of national environmental law.
Special Counsel, Senior Associates and FTS team promotions - 1 July 2020 - At Clayton Utz, we’ve built a team of down-to-earth, collaborative lawyers who know that at the heart of exceptional client service is truly listening to your clients – and understanding what they need. Each one of our new special counsel and senior associates is delivering that exceptional client service, every day.
Thomson Reuters Practical Law Agriculture law global guide 2020 - Our Agribusiness & Food team sets out the basics of agricultural law in Australia in this Q&A guide, including subsidies, environmental issues, agricultural companies and co-operatives, land ownership and usage rights, water controls, tax and financing, crop seed business, plant variety right protection, GM crops, animal welfare, livestock gene patentability, food standards and product liability.
Trade mark rights in generic terms: does the US booking.com decision open the door in the U.S. or Australia? - A recent U.S. case has some wondering if this opens the door to widespread generic trade marks, but both Australia and the U.S. still have clear laws which set the bar high.
Unshackling the chains of build-to-rent developments in New South Wales - The NSW Government has announced a land tax discount for new build-to-rent housing projects aimed at stimulating the economy with targeted support for the residential construction sector, and concessions from surcharge land tax for build-to-rent properties owned by Australian companies who are “foreign persons”.
Victoria to mandate face coverings - what does this mean for PCBUs across Australia? - The Victorian Department of Health and Human Services has announced that people living in metropolitan Melbourne and Mitchell Shire will be required to wear a face covering when leaving their houses, effective from 11:59pm on Wednesday 22 July 2020, with an inspection and enforcement blitz by WorkSafe, Emergency Management Victoria and Victoria Police to follow. Other States may be looking at doing something similar.
Victorian employers' COVID-19 incident notification duties have changed - From 28 July 2020 employers must notify WorkSafe Victoria immediately if they become aware of a COVID-19 case in their workplace, or face strict fines.

Disclaimer

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.