November

"Writes reserved": Managing correspondence to avoid the inadvertent creation of a binding and enforceable contract - A recent decision of the Queensland Supreme Court, Ultra Tune Properties (QLD) No 2 Pty Ltd & Anor v DNR1 Pty Ltd [2021] QSC 215, highlights that mismanaged correspondence may unintentionally result in the creation of a binding and enforceable contract.
All links in a supply chain affected by NSW's product stewardship laws to reduce plastic and move to a circular economy - NSW will soon have its own product stewardship law, with tough regulatory requirements, if the Plastic Reduction and Circular Economy Bill 2021 is passed by the NSW Parliament.
COP26 at the end of week one: progress despite the fault lines - Following the progress of the first week, the focus of COP26 in Glasgow now shifts to achieving a decision document by the end of the week which keeps the 1.5 degree goal within reach.
COP26 Glasgow delivers Climate Pact and path forward for the decisive decade - The realpolitik of multilateral diplomacy stymied COP26's more ambitious goals, spurring so much action outside COP26 as within it, but the conference's achievements did include operationalising the mechanisms and frameworks under the Paris Agreement, and opening new opportunities for business.
Environment and Planning 5 Minute Fix 20: climate change adaptation, circular economy, Renewable Energy Zones, coal mining - The Environment and Planning 5 Minute Fix gives you a snapshot of what you need to know across a range of environment and planning issues across the country. This edition focuses on climate change adaptation, circular economy, Renewable Energy Zones, coal mining
First steps taken to Finish Somat dishwashing tablet launch in Australia - Urgent interlocutory relief can be sought by a brand owner if a competitor takes steps to launch a product using branding that might be too close to its own.
Greenfield opportunity for statutory class action regime in New Zealand: Law Commission consults on proposal - A Supplementary Consultation Paper released 30 September 2021, with submissions due 12 November 2021, is the final part of the consultation process for the New Zealand Law Commission contemplating whether a statutory class actions regime should be introduced and if so, in what form.
How Australia's building and construction sector is responding to the "hidden" issue of a building's embodied carbon - Australia's building and construction sector is leading the way in achieving decarbonisation by 2050 and is proactively resolving, through innovative means, the hidden issue of a building's embodied carbon.
It's time to reset: what you should be thinking about when refreshing your whistleblowing systems and policies - There are eight key elements to consider when refreshing your whistleblowing policy and systems, and with ASIC recently reiterating it is ready to enforce compliance with the Corporations Act's requirements, now is the time to do so.
Just how proper does a decision-maker’s consideration of human rights need to be? - In what is perhaps the most significant decision on the Queensland Human Rights Act 2019 so far, the Queensland Supreme Court has made clear the need for public entities to carefully and explicitly consider relevant human rights when making decisions, or run the risk that a failure to do so can lead to their decisions being declared unlawful.
Long-running Grafil saga flags potential changes for resource recovery in NSW - Consumers must be sophisticated and cognisant of the risks of using recovered materials, which may include prosecution for the presence of asbestos of which the consumer is unaware.
Major certification and safety changes for aviation industry participants - Amendments to the aerodrome certification requirements under the Civil Aviation Safety Regulations 1998 (Cth), which come into force on 2 December 2021, mean that some aerodromes that are currently not required to be certified will now require certification to allow certain types of aircraft to land.
Major Projects & Construction 5 Minute Fix 88: NSW net zero, warranties, combustible cladding litigation, default interest rates - Get your 5 Minute Fix of major projects and construction news. In this issue: NSW Government's framework to boost the transition towards net zero emissions; the consequence of warranties that contravene Australian Consumer Law; latest in combustible cladding litigation, and NSW Supreme Court considers penalties in the context of default interest rates.
Major Projects & Construction 5 Minute Fix 89: NSW modern slavery laws, WA security of payment, public liability insurance - Get your 5 Minute Fix of major projects and construction news. This issue: NSW modern slavery legislation commences; WA security of payment regulations open for consultation; failure to effect public liability insurance exposes subcontractor; differing approaches to interpreting "imperfect" contract explored by NSW Supreme Court; building disputes in Victoria causing tribunal backlogs.
Media Release: Clayton Utz a winner at 2021 ACOMM Awards for services to telecommunications industry - Clayton Utz was among the winners at the 2021 Australian Communications Industry Awards (the ACOMMs) announced on Thursday 18 November, in the Services to Industry - Professional Services category.
Media Release: Clayton Utz acts for Department of Defence on landmark $1bn+ contract with Telstra Corporation - A multi-disciplinary Clayton Utz team has advised the Australian Commonwealth Department of Defence (Defence) on a landmark $1 billion contract with Telstra for the continued delivery to Defence of leading-edge technology and critical network and telecommunications services. The renewed contract was announced to the market on 3 November 2021 and is reported to be the largest ever customer contract of its kind signed by Telstra's Enterprise division.
Media Release: Clayton Utz acts for Tattarang on its investment in ASX-listed Emyria Limited - Clayton Utz is acting for Tattarang, one of Australia's largest private investment groups, on its investment in ASX-listed, Emyria Limited (ASX: EMD). The transaction was announced to the market today.
Media Release: Clayton Utz celebrates completion milestone on landmark North East Link PPP in Victoria - Clayton Utz is delighted to acknowledge an enormous milestone on the Victorian Government's landmark AUD $11.1 billion North East Link Project (NELP). Late last week, financial close was achieved on the Central Package PPP which represents the largest investment in a road project in Victoria's history and delivers the much needed "missing link" in Victoria's transport network.
Media Release: Clayton Utz recruits leading Big 4 forensic accountant to national FTS practice - Forensic accountant TJ (Theunis) Koekemoer has joined our national Forensic and Technology Services (FTS) team, based in Brisbane.
Media Release: Clayton Utz advises Empired Limited on $233 million merger with France's Capgemini - A Clayton Utz team has advised Western Australian based technology transformation business Empired Limited (ASX: EPD) on its successful merger with Paris-headquartered Capgemini Australia Pty Ltd. The Federal Court approved the merger (done by way of scheme of arrangement) yesterday. The transaction was announced to the market on 19 July 2021.
My employee refuses to be vaccinated against COVID-19: What do I do? - Employers must make sure they are aware of their rights and obligations in the face of any employee who refuses to be vaccinated, especially if they are covered by a vaccine mandate.
Mythbusting legal misinformation about COVID-19 vaccine mandates: what employers can do - We have collated some of the false information presented in pseudolegal documents about COVID-19 vaccine mandates being provided to employees, and what you can do if you're given one.
New framework for development contributions in NSW - The much-needed details of the proposed new system for development contributions in NSW are now available for public comment. While there is more work to be done, and stakeholder input will be critical, they support the proposal for a more integrated and equitable contributions system.
New WA procurement regulations raise the stakes for government suppliers - The WA Government's new procurement Regulations, made under the Procurement Act 2020, empower the Department of Finance to exclude companies from State procurement contracts on the grounds of breaching a wide range of corporate, criminal, consumer, environmental and WHS legislation, both within and outside of WA.
Not just about rail: Suburban Rail Loop Act clarifies and strengthens project authority road-related powers under MTPFA - Victorian project delivery agencies should consider whether the changes in the Suburban Rail Loop Act 2021 (Vic) may affect existing or proposed authorisations with respect to works on the road.
NSW Government takes next steps to bring decennial liability insurance to residential apartment buildings - The NSW Government intends to further reform the residential apartment buildings sector after establishing a Ministerial Advisory Panel to advise on the proposed introduction of decennial liability insurance.
One step closer to FAR: more details known of the Financial Accountability Regime Bill - Modest changes to the Financial Accountability Regime Bill appear to address some of the concerns raised by industry in respect of the draft Proposed Legislation. Accountable Persons will be relieved by a reduction in scope of the new accountability obligation and that there currently remain no civil penalties for contraventions of their obligations.
Protecting or creating a stumbling block for future class members: proposed reforms to litigation funding payouts - Increased regulation of class action litigation funding is one step closer, with the introduction of the Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021 into Parliament on 27 October 2021.
RCEP: World's largest free trade deal to enter into force on 1 January 2022 - On 2 November 2021, Australia and New Zealand ratified the Regional Comprehensive Economic Partnership Agreement (RCEP) – the world's largest free trade agreement to date – joining various Indo-Pacific neighbours and paving the way for the agreement to enter into force on 1 January 2022.
Suburban Rail Loop Act: Changes to land acquisition, assembly and disposal powers in Victoria under the MTPFA - A new definition of land and expanded powers coming into operation on 1 December 2021 should prompt project authorities for declared transport projects being delivered under the Major Transport Projects Facilitation Act 2009 to rethink their current and future plans.
Takeaways from COVID-19 commercial and retail tenancy disputes and decisions - For commercial landlords, there are five key takeaways from the decisions in States and Territories on the application of the National Code of Conduct.
Taxpayers + transfer pricing = more ATO attention - The clear message from the ATO is that transfer pricing continues to be the hottest topic for it by some margin, making proactive dispute management not just prudent, but necessary.
Third time lucky? Decision upheld to set aside disclaimer of contaminated property where liquidators hold indemnity - Victoria's Court of Appeal has reaffirmed the risk that a disclaimer of property may be set aside where the liquidators are indemnified, and the need for liquidators to be mindful where the company holds contaminated property.
Victorian electric vehicles drivers launch High Court challenge to new ZLEV charge - Two Victorian car owners have launched an action in the High Court against Victoria's new Zero and Low Emission Vehicle Distance-Based Charge Act 2021 (Vic), challenging its validity in light of section 90 of the Commonwealth Constitution.
Victorian windfall gains tax and build-to-rent concessions: update - The Victorian Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021 affects not only windfall gains, but build-to-rent concessions and exemptions as well.
Victoria's Environment Protection regime: industrial waste - Victoria's environment protection regime was overhauled on 1 July 2021. This article addresses the new framework, duties and obligations for industrial waste.
WA mining mandate directions issued - The Resources Industry Worker (Restrictions on Access) Directions have now been issued.
What is the X factor in P2X? A transformative solution to decarbonising and renewable energy intermittency beyond hydrogen - Generation projects are only one part of the electricity value chain. Rethinking generation as P2X will bring in more of the value chain, while also addressing long-term challenges for electricity generation.
When is a procurement an emergency? Recent guidance from the NSW Ombudsman - The existence of an "emergency" procurement scenario must be carefully examined and tested by Government agencies on a case-by-case basis, and the emergency procurement provisions only utilised to the extent necessary to meet the immediate needs of the emergency.
Workplace Investigations refresher part 10: Procedural fairness – bias - Ensuring there is no bias in the decision maker for a workplace investigation is critically important to both its accuracy and authenticity. If there is even a small hint of bias, it has the potential to taint the investigation's findings and lead to distrust in the process going forward.

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.