April

"Absolute discretion": express words negate the implied good faith obligation and operation of the prevention principle - The NSW Courts have typically grounded the prevention principle in the implied duty to act reasonably and/or in good faith. A recent decision demonstrates the preparedness of NSW Courts to find that parties have contracted out of duties of this kind.
AI, space, defence essential secrecy and data – the industry opportunities - As Governments and Corporations become more data-savvy, opportunities and challenges will push the industry to innovate; combined with the substantial investment in Defence capabilities, the next ten years could show more human progress than the last 100.
ASIC's no-action position provides temporary flexibility to hold virtual meetings - Entities should be prudent in ensuring compliance with the conditions enunciated by ASIC's "no-action" announcement and continue to be attentive to further developments.
Bendigo can't bank a monopoly with descriptive "community bank" trade marks - Even where registration has been secured and held for a long period of time there may be substantial difficulty and risk defending or enforcing a monopoly in a trade mark comprising a descriptive term.
Casual employment: new legislation ends double dipping and creates the ability to ask for a permanent job - Employers should introduce new clauses to casual contracts that reflect the recent amendments in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020.
Distance-based road charging: Victoria introduces new Bill for electric vehicles - Victorian zero and low emission vehicle owners could soon be required to pay a charge based on the total kilometres travelled by the vehicle.
Greener pastures for mining companies paying land ratings - A recent Court of Appeal decision on the categorisation of land surrounding a mining project has significant financial implications for mining companies and local councils.
High Court set to clarify important Part IIIA provisions dealing with access to declared infrastructure - The High Court will decide significant questions about Part IIIA of the Competition and Consumer Act, which will have important implications for regulated infrastructure of national significance.
Major Projects & Construction 5 Minute Fix 72: security of payment and the prevention principle - Get your 5 Minute Fix of major projects and construction news. This issue: owner occupiers now subject to security of payment obligations in NSW, the Victorian Court of Appeal and the NSW Supreme Court consider the juridical basis of the prevention principle, a Bill in Victoria is set to introduce a charging regime for zero and low emission vehicles, and the Victorian Court of Appeal delivers its highly anticipated decision in Lacrosse.
New South Wales Bill makes way for Courts to set aside settlement agreements relating to child sexual abuse - NSW is looking to enact legislation to allow settlement agreements for claims arising from child sexual abuse to be set aside where it is "just and reasonable" to do so, bringing NSW in line with other States and Territories.
NSW Government releases six guidelines to support mine rehabilitation reforms - Mining companies seeking to stay up-to-date with the NSW Government's rehabilitation reforms need to be aware that six guidelines have now been released and are open for public comment.
Successful environmental class action raises question of whether more will follow - The most important takeaway from the Sanda decision is that it underscores the fact that, in conducting a risk assessment, statutory compliance may not be enough
The ACCC's product safety focus in 2021: bikes, babies and button batteries included - The ACCC will use additional resources from the Australian Federal Government to increase its product safety capabilities as it pursues five priorities for 2021.
Three lessons from the Federal Court on avoiding misleading or deceptive conduct when marketing financial products - ASIC says the Mayfair case is a warning it will take action where misleading or deceptive representations are made about investments, and when search engines are used in a misleading or deceptive way to entice investors to products they are not searching for.
Victorian Court of Appeal on the prevention principle: co-operation, not good faith - The Victorian Court of Appeal has found the prevention principle is founded on a duty to co-operate, an implied term well established in Australian law.
Workplace investigations refresher part 3: legal professional privilege and workplace investigation reports - Employers may seek to engage external law firms to conduct workplace investigations on their behalf, but can't assume legal professional privilege automatically applies to the investigation.

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.