June

Administrative law updater: Of knights and dames: Letters from Australian Prime Ministers to the Queen - The Administrative Appeals Tribunal says that disclosure of communications with the Sovereign would damage Australia's international relations.
Administrative law updater: The Palace Letters released - The High Court has determined that the Palace Letters are Commonwealth records under the Archives Act. The National Archives must now re-consider their release.
Appearing in the Administrative Appeals Tribunal during COVID-19 - The COVID-19 pandemic has led to the introduction of Special Measures Practice Directions in the Administrative Appeals Tribunal, shifting the hearing process to a virtual setting and introducing temporary changes to practice and procedure.
ASIC issues warning to investment funds regarding advertising and disclosure - Responsible entities' advertising needs to not only accurately represent the actual features of the relevant investment product, but also be accurate throughout differing economic cycles.
ASIC v Bendigo and Adelaide Bank – Unfair contract terms regime for financial services and beyond - The Court's decision in this case is a further reminder that ASIC, in line with its stronger enforcement stance, may take enforcement action against lenders who have been warned about the risks of unfair contract terms in recent years, including through ASIC's industry review and Report 565, and even where customers have not suffered loss or damage.
Australia's cyber attack by state actors: what you should do now - The data released about the recent nation-state campaign indicate a tried and tested strategy; targeting known vulnerabilities of Enterprise Infrastructure.
Changes to the Franchising Code of Conduct to address car manufacturers' / car dealers' perceived power imbalances - The Competition and Consumer (Industry Codes – Franchising) Amendment (New Vehicle Dealership Agreements) Regulation 2020 affects end of term notification obligations, capital expenditure and dispute resolution.
Clayton Utz congratulates Sydney Water on its recognition at the NEC Contracts Awards 2020 - Clayton Utz congratulates Sydney Water on its recognition by NEC as "Client of the Year" at the NEC Contracts Awards 2020.
Contingency fees now available for class actions in the Victorian Supreme Court, so expect more class actions - Plaintiff lawyers will be allowed to charge contingency fees in class actions commenced in the Supreme Court of Victoria and for those fees to be borne by group members. This follows the passing of the Justice Legislation Miscellaneous Amendments Bill 2019 (VIC) on 18 June 2020.
Double dipping, classifying casuals and the challenges presented by WorkPac Pty Ltd v Rossato - When reviewing business practices for casual workers, employers should keep in mind some key questions based on the classification of casuals set out in the Rossato and Skene cases.
Government services 5 Minute Fix 04 - Get your 5 Minute Fix of government sector news. This issue: The Palace Letters and disclosure of communications with the Sovereign; the perils of procrastination; privacy and record-keeping in a pandemic; procurement changes in response to COVID-19.
Industrial Manslaughter laws (and other changes) in the Queensland mining & resources sector - Businesses, Officers and Senior Officers should take steps now to ensure they understand and are meeting their obligations in relation to safety in light of the new reforms
Innovations and Australia’s patent system – what lies ahead? - Encouraging innovation amongst SMEs should be a priority for Australian industry policy, especially given the need to stimulate the economy following the COVID-19 downturn.
Landmark EU General Court ruling on Hutchinson-Telefónica UK merger reframes the threshold for proving competitive harm - The ACCC has concerns that Australian courts permit mergers too easily. A recent European case shows that the ACCC has a much easier task in Australian courts than the European Commission does in Europe's courts.
Major projects & construction 5 Minute Fix 54 - Get your 5 Minute Fix of major projects and construction news. In this issue, we take a look at two key pieces in the jigsaw puzzle of NSW Government regulatory reform addressing defects in apartment buildings, and also round up the latest developments across Australian jurisdictions including guidance by the NSW Court of Appeal of how to consider a contract's commercial purposes, tips for staying the enforcement of SOP judgment debt in NSW, as well as an update on the easing of regulatory pressure for major Western Australian resources projects.
Major projects & construction 5 Minute Fix 55 - Get your 5 Minute Fix of major projects and construction news. This issue: courts hold parties to their bargain in cases involving expert determination and indemnities, Queensland Court of Appeal considers the scope of the implied duty to cooperate, developments in combustible cladding class actions, and an update on Queensland trust account reforms.
Media Release: Clayton Utz acts on landmark $643 million Rialto sale - A Clayton Utz team has acted on the largest property deal in Australia this year to date, the sale of a 50% interest in the iconic Rialto building in Melbourne, for over $643 million. The transaction completed on 3 June.
Media release: Clayton Utz claims a spot in Australasian Lawyer's Innovative Firms 2020 list - Legal industry title Australasian Lawyer has included Clayton Utz in its list of 2020 Innovative Firms - one of only 15 law firms nationally.
Media Release: Clayton Utz is a leading law firm in progress on LGBTIQ inclusion - For the fourth consecutive year, Clayton Utz has achieved Gold Employer status - the only large law firm to do so - at Pride in Diversity's 2020 Australian LGBTQ Inclusion Awards. The preliminary awards were announced via a virtual ceremony on 11 June.
Media Release: Clayton Utz recruits Big 4 tax specialist as a partner - Front-end tax specialist Brendon Lamers has joined Clayton Utz as a partner in the national Taxation practice, from KPMG Australia.
New Productivity Commission inquiry into the National Water Initiative - The Issues Paper acknowledges the impact of Australia's recent and ongoing challenges (droughts, bushfires and the COVID-19 pandemic) on our water systems and management regimes, and indicates that it will use the findings of the Commission's 2017 review as a baseline for its assessment of jurisdictional progress implementing the NWI.
Procurement of public construction works and services in Victoria in response to COVID-19 - Victorian agencies may be permitted to use a “Limited Tender” process in certain circumstances to rapidly procure construction works or services in response to the COVID-19 pandemic.
Queensland mining & resources changes come into effect from 1 July 2020 - The Governor in Council has proclaimed the Mineral and Energy Resources and Other Legislation Amendment Act 2020 on Thursday 25 June 2020.
Real estate: 5 Minute Fix 10 - Get your 5 Minute Fix of real estate news. This issue: COVID-19 measures across the nation; electronic signing and audiovisual witnessing; NSW acts on building cladding; and FIRB thresholds temporarily reduced.
Recognition for Clayton Utz lawyers Georgia Davis and Susan Flynn at Lawyers Weekly 30 under 30 Awards 2020 - Clayton Utz lawyers Georgia Davis and Susan Flynn were among the talented young professionals recognised at the Lawyers Weekly 30 under 30 Awards 2020, the winners of which were announced on Friday 29 May.
Reframing remediation – National Remediation Framework launched - Stakeholders involved in remediation of contaminated land now have a national reference point for planning, carrying out and validating remediation work, with the launch of the National Remediation Framework.
Rokt on the ropes – Full Federal Court says computer-implemented invention is not patentable - If businesses are filing patents for business methods or schemes where the invention lies in the computerisation, sufficient technical detail will need to be included in the specification and claims describing how the invention improves or uses computer technology in a new way.
Samuel independent review of the EPBC Act: where are we at? - The Prime Minister's and Minister's comments indicate that changes to the EPBC Act may be introduced ahead of the final report.
Significant Australian foreign investment reforms announced - There are a significant number of reforms proposed, including a new set of stricter controls designed to protect "national security", and loosening the rules applying to certain investment funds that have large foreign government investors.
The race for the COVID-19 vaccine and patents: Do we need a temporary lockdown? - Australian patent law already contains mechanisms to enable "special access" to patented pharmaceuticals and other technologies, including (perhaps especially) in times like this.
The WA Government's move to national consistency on security of payment takes another step with new exposure draft Bill - If adopted, the Building and Construction Industry (Security of Payment) Bill 2020 (WA) would more strictly regulate the process for claiming and certifying amounts due under construction contracts.
WA Tenancy Code of Conduct brings temporary rent relief for small business tenants - WA landlords should familiarise themselves with their rights and obligations under the Commercial Tenancies (COVID-10 Response) Regulations before responding to rent relief requests from tenants and commencing mandatory negotiations.

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.