September

ACCC announces new inquiry into power imbalances in perishable agricultural products in Australia - The ACCC's Perishable Goods Inquiry yet again puts the supermarket sector on notice.
ACT extends COVID-19 relief for residential tenancies - The purpose of the amendments is to ensure that COVID-19 impacted tenants continue to receive relief beyond the Moratorium Period.
ACT extends relief for commercial and retail tenancies, and rates exemption period - Two new instruments are designed to support ACT commercial and retail businesses affected by COVID-19.
Additional areas of due diligence focus in the COVID-19 era - The disruption and instability brought by the COVID-19 pandemic have created the need for all businesses to rapidly adapt in their practices, with the conducting of due diligence being no exception
Administrative law mythbuster no 8: NEAT Domestic Trading Pty Ltd v AWB Ltd - Judicial review of decisions made by private entities is still unlikely to succeed. Notwithstanding its status as an outlier, the decision in NEAT Domestic Trading continues to have effect.
ASIC provides relief for litigation funders at the dawn of a new era - The changes remain consistent with the overall objectives of the Government for greater transparency for class action group members and greater accountability for funders.
ASIC's expectations of lenders when COVID-19 loan repayment deferrals end - Banks and other retail lenders will need to ensure they have adequate and appropriate resources, and processes and policies, to be able to meet ASIC's expectations when dealing with customers as their loan repayment deferrals come to an end.
ASIC's new hardship relief for responsible entities of frozen funds - While the Instrument may come as a welcomed relief for some responsible entities, ASIC has strongly warned them they continue to have a duty to act in the best interest of members.
Australia restores no-review threshold for foreign acquirers of leasehold interests in certain commercial land - The $0 threshold introduced in late March 2020 for FIRB review of the renewal or material variation of existing non-sensitive leasehold interests in developed commercial land is now reversed for most foreign investors.
Clearer triggers and processes for Melbourne Environment Mitigation Levy - The number of events that will trigger the requirement to pay a levy on freehold land have been minimised and made clearer for the development industry to understand when a levy event has occurred.
Consultation open on further reforms to Australian made claims on complementary healthcare products - A proposed information standard is part of the Australian Government's three-step process for
Court weighs in on COVID-19 leasing legislation: Landlords may need to prepare for the long haul - A recent decision of the NSW Supreme Court contains the first glimpse of how the Courts may interpret the wording of the Mandatory Code and its interaction with the State and Territory based legislation.
EPBC Act reform process underway with new Bill for approval bilateral agreements regime - The Bill would establish the legal framework for streamlined approvals via approval bilateral agreements with States and Territories.
Fair Work Full Bench says “no injunction” due to lack of preliminary finding on bullying claim - Employers can take comfort that fair disciplinary procedures cannot be injuncted under the Fair Work Act’s anti-bullying jurisdiction, after a Full Bench of the Fair Work Commission ruled it must be satisfied bullying is occurring before it can issue interim injunctions.
From Red to Black 2020 - The year 2020 will be remembered as an extraordinary year (perhaps for all of the wrong reasons). While the global financial crisis from 2008 was for the most part about the mismanagement of financial leverage, 2020 has been a confronting and sobering lesson for some on how to manage a company with zero revenue.
HealthEngine judgment: ACCC continues focus on privacy and collection and use of personal data - With the continued convergence of privacy and consumer laws, companies must examine their privacy policies, terms of use, and disclosures through the lens of the Australian Consumer Law.
Human rights objections to coal mine accepted by the Land Court of Queensland - It is likely that there will be an increase in the number of human rights based objections to mining lease and environmental authority applications.
Major projects & construction 5 Minute Fix 60 - Get your 5 Minute Fix of major projects and construction news. This issue: Construction contracts may be declared void when entered into under economic duress; Victorian Supreme Court case reinforces "contracting out" prohibition in security of payment regime; Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) effective 1 September 2020; Insights into NSW Government Bushfire Inquiry Report.
Major projects & construction 5 Minute Fix 61 - Get your 5 Minute Fix of major projects and construction news. This issue: cladding safety legislation proposed in Victoria; expert determinations under the New South Wales Government GC21 (Edition 2) explored; estoppel defeats variation claim in New South Wales decision; and New South Wales decision examines principles of reasonable for claiming rectification costs.
Media Release: Clayton Utz advises lenders on acquisition financing for Novo Resources - Clayton Utz has acted for Canadian-based investment manager and lender, Sprott Resources Lending (Sprott), on a four-year US$60 million credit facility to TSX-listed Novo Resources (Novo) for its acquisition of Millennium Minerals.
Minimum requirements for strata management contracts in WA imminent - Developers of strata schemes in Western Australia should be wary of imminent changes to the minimum requirements for disclosure in a strata management contract under the Strata Titles Act 1985 (WA).
More headaches for Victorian landlords with passage of Retail Leases Amendment Bill 2019 - Victorian landlords need to urgently review their administrative processes to ensure that all appropriate processes are followed when leases are entered into or options are available for exercise.
New changes to planning framework under Queensland's Economic Recovery Plan - The changes affect public notice requirements and infrastructure provisions, and create new "economic support instruments" under the Planning Regulation.
New Responsible Lending Reforms – what you need to know - The Federal Government's responsible lending reforms, announced today and to apply from 1 April 2021, will be a major shake-up of Australia's credit landscape.
NSW Bushfire Inquiry: Identifying opportunities to improve bushfire resilience and firefighting capability - The 76 recommendations of the NSW Bushfire Inquiry into the catastrophic 2019-20 bushfires will be adopted, including proposed changes to prioritise the renewal and upgrading of the State's firefighting capabilities and also to enhance interstate resource sharing.
NSW launches remote witnessing pilot scheme; Treasurer remakes e-signing arrangements for companies - Both the Federal Government and NSW have extended COVID-19 relief for witnessing and execution of documents into 2021.
OMG! Australia's first emoji defamation case – context can impute meaning - Be careful what you tweet about! Even emojis can defame. They are illustrations with which are capable of being given meaning.
Parent company guarantees - "pay now, argue later", or "argue now, not argue later"? - Security is often required under a contract to guarantee the performance of contractual obligations and/or provide comfort in relation to payment obligations. Where security is provided, parties should ensure the nature and terms of the security are unambiguous.
Pride and prejudice (but not for creditors): Disclaimer of property set aside where liquidators hold indemnity - Liquidators need to be mindful that a disclaimer of property may be challenged. The Supreme Court of Victoria underscored a key issue in establishing "prejudice" to creditors in a liquidation, holding that a disclaimer of property may be set aside where the liquidators are indemnified.
Real estate: 5 Minute Fix 11 - Get your 5 Minute Fix of real estate news. This issue: proposed reforms to FIRB; HomeBuilder grant announced by the Commonwealth; adverse possession in NSW; new land tax reductions set to boost the NSW's build-to-rent sector; additional stamp duty concessions for first home buyers in NSW; death of the Original Covenantee on a Restrictive Covenant; cooling off notices; Qld land tax foreign surcharge relief; VOI & E-conveyancing – changes to ACT property transactions are coming; and re-development clauses in WA's Retail Shops Act leases.
The Five Eyes look to enhance antitrust sharing and co-operation - The agreement signals greater transparency in the sharing of information between competition agencies about companies doing business across borders.
The road that you’re on, same road that you know / Just not the same as it was a minute ago. Is that true in law? - While registered owners of Torrens title land usually do not need to concern themselves with unregistered rights, historical common law roads created over their land can be an instance where they do need to worry.
Victorian COVID-19 Emergency Measures Act amendments for commercial and retail leases and licences - The proposed new provisions would extend temporary COVID-19 measures but are enabling only, so their impact will ultimately depend on any amendments made to the Regulations.
WA keeps business moving: COVID-19 Response and Economic Recovery Omnibus Bill 2020 - These changes allow Government to ensure business continuity under pandemic conditions, and bring a significant number of Acts into the 21st century by allowing government departments and agencies to use digital technology to keep the machinery of government moving.
Western Australia's new approach to protecting Aboriginal cultural heritage - The expansion in protection, together with the broadening of the concept of Aboriginal cultural heritage, shifts the goal posts in protecting Aboriginal cultural heritage in Western Australia.

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.