March

ACCC's 2020 priorities: Digital economy, construction, electricity and food suppliers all under the microscope - Australian businesses should endeavour to take a proactive approach to engaging with the ACCC’s concerns, ensure that they have robust compliance programs and obtain legal advice where necessary.
Administrative law updater: Can the heading of a statutory provision be used to help interpret the text? - A recent case shows the High Court taking a broader view that includes using extrinsic materials such as headings to resolve ambiguities in statutory provisions.
Amendments to Franchising Code of Conduct affecting automotive sector - Multi-franchisee dispute resolution will inherently give greater power to franchisees to negotiate a favourable resolution of their dispute with the franchisor.
Are you frustrated? What does COVID-19 mean for your lease? - Where business premises are permanently closed and without any options for partial closure or to continue business via alternative means, there may be an argument for frustration.
ASIC and APRA provide update on post-Financial Services Royal Commission regulation - ASIC and APRA, in addition to the Royal Commission recommendations addressed to them specifically, are working with the Federal Government to assist the development of legislative reform.
ASX updates its continuous disclosure guidance after Australia's first judgment for a shareholder class action - Three key changes in the updated Guidance Note 8 cover when disclosure is needed, and de facto earnings guidance.
Australia unveils new licensing regime for foreign financial services providers, and transition starts soon - ASIC has released its new licensing framework for foreign financial services providers (FFSPs) to regulate FFSPs providing financial services in Australia.
Australia's first judgment in a shareholder class action endorses market-based causation and more - The endorsement of market-based causation will be a relief to plaintiff law firms and litigation funders, but will not comfort listed entities who have been able to rely on the uncertainty around this issue to leverage settlements. But it isn't all one way.
Burger beef: In-N-Out beats Down-N-Out in their recent branding stoush - The case is an important reminder that inspiration can tip into misappropriation if a trader develops its brand with the intention of causing consumers to wonder whether the competing brands are associated in some way.
Bushfires, floods and coronavirus COVID-19: Does your contract's force majeure clause provide any relief? - Global supply chains and other commercial arrangements are under strain from natural disasters such as bushfires, floods and coronavirus COVID-19, so you should be checking if your or others' force majeure clauses will be triggered – and if the ones you're currently negotiating are fit for purpose.
Changes to foreign investment review in Australia under temporary COVID-19 measures - Effective from 29 March 2020, all proposed foreign investment in Australia that is subject to the Foreign Acquisitions and Takeovers Act 1975 will require approval, regardless of the value of the investment or the nature of the foreign investor.
Media Release: Clayton Utz advises Vietnamese agribusiness on milestone $130 million investment into Australia - With Clayton Utz as legal advisers, Vietnamese owned Clean Agriculture and International Tourism (CAIT) has now successfully completed its acquisition of three cattle stations from private cattle producer Consolidated Pastoral Company.
Media Release: Clayton Utz partners with Nuix to develop industry-first Graduate program for future technology experts - Top-tier law firm Clayton Utz has partnered with leading global technology company Nuix to create the industry's first specialised Graduate program backed by business expertise in forensic technology.
Clearing the air on contractual obligations: lessons learned from bushfire smoke and WHS-related delays - You should review your existing contracts to ensure liabilities in the event of WHS-related delays, including delays due to bushfire smoke, are clear and understood, and consider your approach to providing for such events in future contracts, in a way that allows you and other parties to meet your obligations under WHS law.
Coronavirus COVID-19 Response Briefing Note - Our COVID-19 Response Briefing Note helps you chart your course through these early days of the outbreak in Australia.
Coronavirus COVID-19 Response Briefing Note - Updated - Our COVID-19 Response helps you chart your course through these early days of the outbreak in Australia. Our experts across the firm identify the key concerns they are advising on right now – including workplace law, healthcare and safety, privacy, contractual compliance, insurance, tax and finance – so you can set your own priorities within your organisation and ensure your business continuity plan is implemented as smoothly as possible.
Coronavirus COVID-19 Response Briefing Note: 2 - Since the first version of our Briefing Note on 9 March, events have moved swiftly, and the predicted major disruptions to supply chains and people's lives from COVID-19 have come to pass.
COVID-19 wage subsidy plan: traps for employers who rush workforce changes - Employers should resist pressure to hastily change existing COVID-19 staffing arrangements until the plan's fine print is confirmed by Parliament.
COVID-19: Protecting your most vulnerable workers when they need it most - Consult early with all workers and particularly with those who have identified vulnerabilities or you have identified may be most impacted by COVID-19 from a WHS perspective.
Directors to get insolvent trading relief, but debt recovery toughened, under temporary COVID-19 measures - Directors will soon be free to make decisions to trade on even insolvent entities, and incur debts in the ordinary course of business, with the passing of the Coronavirus Economic Response Package Omnibus Act 2020 last night and Royal Assent today.
Environment and Planning 5 Minute Fix 08 - The E&P 5 Minute Fix gives you a snapshot of what you need to know on a range of environment and planning issues across the country. This edition focuses on the latest in climate change, waste and sustainable development including a proposed climate change trigger under the Commonwealth EPBC Act, waste reform in WA and new koala conservation measures in Queensland.
Extended civil liability for institutional physical abuse - Institutions should review their child safety policies and compliance practices having regard to the onus of proof reversal, complete searches for any relevant insurance and seek legal advice to review the terms of those policies to identify any gaps in cover for potential abuse claims.
Fires and floods: NSW local government procurement powers in times of crisis - The increase in the tendering exemption threshold for contracts for bushfire recovery and operations gives NSW local governments additional powers to assist with the recovery and remediation works of the recent bushfires.
Major projects & construction 5 Minute Fix 48 - Get your 5 Minute Fix of major projects and construction news. This issue: we look at the risks of contract novation mid-project, security of payment decisions involving suspension rights and building licences, recent judicial guidance on "good faith" and the "prevention principle" and Victoria set to reform the recycling industry.
Media release: Investigations and eDiscovery specialists join Forensic & Technology Services team at Clayton Utz - Clayton Utz has recruited Chelsea Hosking and Pavan Kotha to the firm's national Forensic & Technology Services (FTS) team. The appointments reflect the continued strong growth of the FTS practice in response to client demand for a range of specialist FTS services.
Misuse of confidential information by public sector agencies: the case for reform - Useful measures include improving information management systems and access control mechanisms, and undertaking regular information privacy awareness campaigns.
NSW COVID-19 Emergency Measures Act to provide rent and termination relief for tenants in NSW - Overnight the NSW Legislative Council and Legislative Assembly passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 to amend a number of NSW Acts to implement emergency measures as a result of the COVID-19 pandemic.
Out of the director shadows to imprisonment: the lessons for insolvency practitioners from the Kleenmaid prosecution - ASIC is becoming more serious and more active and will take action against directors if there is sufficient reason to, so insolvency practitioners should consider all possible actions/recoveries fully in any report to ASIC.
Procuring when an emergency strikes – altered procurement obligations and opportunities at the NSW and Federal levels - Public sector agencies and their procurement teams should consider each procurement on a case-by-case basis, and understand the emergency and urgent response provisions within the NSW and Commonwealth procurement frameworks, and their exemptions.
Queensland closes borders and requires persons entering Queensland to quarantine for 14 days - It is expected that these measures will increase traffic around the Queensland and New South Wales border.
Radical changes to NSW planning and local government laws to help with COVID-19 - The COVID-19 Legislation Amendment (Emergency Measures) Act 2020, passed yesterday and expected to commence operation imminently, makes key changes to planning and local government laws, and is significant not only for what it says, but also for what it doesn’t say.
Real estate: 5 Minute Fix 09 - Get your 5 Minute Fix of real estate news. This issue: New ARNECC Model Participation Rules and guidance; PEXA updates for Victoria and WA; Amendments to the ACT Residential Tenancies Act; ACT community schemes reform; NSW digital drivers licences insufficient for VOI; Biowood targeted in cladding crisis; New witnessing requirements for Queensland Land Registry; Proposed exemptions to “absentee owner” land tax for Queensland; Victoria clamps down on foreign purchaser duty; WA transfer duty relief for strata developments; calls for submissions on proposed National Enduring Power of Attorney register.
Reforming the Northern Territory planning system – have your say - After first commencing discussions about reforming the planning and development system in 2017, the Northern Territory Government has now opened public consultation on an amendment bill which closes on 11 March 2020.
The Constitutional limits on defining an "alien" - The High Court has upended several decades of settled law regarding the binary and mutually exclusive nature of the twin concepts of "citizen" and "alien".
The protection of personal information in coronial proceedings - If personal information is irrelevant or unlikely to impact upon the functions of the Coroner, it should be withheld from disclosure or publication in light of the public interest in protecting personal privacy.
Tracking compliance with the Indigenous Procurement Policy - The ANAO finds there is room for improvement in the implementation of, and compliance with, the Indigenous Procurement Policy.
Trade promotion lotteries: proposed regulation to lift administrative burden in NSW - Draft regulation indicates that permits will only be required to conduct trade promotion lotteries in NSW when the total prize value exceeds $10,000.

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.