April

ACCC in high gear on the automotive industry — conduct vis-à-vis independent repairers in focus - OEMs and distributors need to be careful about representations they give to their customers about who can service their vehicles, as the sector deals with higher ACCC scrutiny and a new motor vehicle service and repair information sharing scheme.
Automotive snapshot: RVSA transitional period, regulators' priorities, General Safety Provision, automotive class actions - In our latest snapshot for the highly regulated, dynamic automotive sector, we explore how the sector remains high on the ACCC's priority list, how regulators are teaming up to tackle greenwashing in the year ahead, and the renewed calls for a General Safety Provision in Rod Sims' final speech as Chairman of the ACCC.
Beetaloo Basin case tests NTCAT's new powers and clarifies Approved Access Agreement scope - The Northern Territory Civil and Administrative Tribunal has given some valuable guidance to proponents on Approved Access Agreements, with the Supreme Court expected to weigh in soon.
Bumper real estate M&A year – lessons learnt from the top - Commercial real estate in Australia continues to attract high premiums from domestic and foreign investors seeking to deploy capital and seek stable returns. Our market leading M&A and real estate team led by David Wilkie and Kylie de Oliveira worked on 3 of the top 5 AFR property deals in 2021. Their team of rising stars – Ben Cosentino, Francis Yuan and Gina Yeung – share some of the key legal and commercial dynamics they have witnessed over the last 12 months.
Buyer's remorse: is the fashion industry next in line for ESG-related scrutiny and activism? - Fashion companies must remain alive to the growing scrutiny of greenwashing and social-washing as well as the changing expectations of stakeholders when it comes to ESG, particularly those of the conscious and disruptive consumer.
Can't bags that! Full Federal Court finds no copyright in fashionable neoprene tote bag - An unsuccessful appeal before the Full Federal Court highlights the importance of devising a suitable strategy to protect mass produced goods from being infringed.
Environment and Planning 5 Minute Fix 25: climate change, waste, energy, environmental protection - 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 the latest in climate change, waste, energy and environmental protection.
Equity incentives for employees: new Corporation Act rules for listed entities - New rules will come into effect on 1 October 2022 affecting how offers by listed entities of securities and other financial products under employee share schemes are regulated under the Corporations Act. The new laws will make it easier to incentivise employees with equity in a listed entity where payment, or borrowing funds, to participate in the ESS is not required.
Five Federal budget sweeteners and what it means for agriculture - The agriculture sector has reaped a $600 million reward from the pre-election budget handed down this week as the Government invests in building a stronger future for the sector to reach its goal of being a $100 billion industry by 2030. We unpack the five key areas that will boost activity in the sector.
Foreign investment compliance reporting – forget at your peril - The judgment in Commissioner of Taxation v Balasubramaniyan may embolden the regulators to take enforcement actions in other cases to ensure that foreign investors do not profit from conduct in contravention of foreign investment laws, whether in regards to the acquisition itself or the conditions of any no objection to the acquisition which is obtained.
Have you been paying superannuation during the pandemic? The ATO would like to know… - The ATO intends to start prioritising active enforcement of employers' superannuation guarantee obligations, but there are things employers can consider doing to proactively manage the new regulatory environment.
I’m in love with the shape of my copyright protection: lessons from Ed Sheeran's recent court victory - Ed Sheeran recently proved that he did not copy another musician’s work, showing that musicians need not “give in” to weak copyright infringement allegations. In fact, an aggressive approach to defending those allegations can be the best strategy.
Infrastructure spending, a key focus of the 2022-2023 Federal Budget - The 2022-2023 Federal Budget was released on 29 March 2022, with one of the key focus areas of the Budget being strengthening regional economies with enhanced transport and telecommunications infrastructure.
Major Projects & Construction 5 Minute Fix 96: head contractor licensing, easements, recitals in construction contracts - Get your 5 Minute Fix of major projects and construction news. This issue: head contractor licensing exemption under QBCC Act will remain in force; beware of easements: how property law issues can affect construction; and the role of recitals in construction contracts and deeds.
Major Projects & Construction 5 Minute Fix 97: settlement agreements, liquidated damages, misleading or deceptive conduct - Get your 5 Minute Fix of major projects and construction news. This issue: getting settlement agreements right, informal agreements foregoing liquidated damages, liquidated damages as penalties, limitations periods and limiting liability for misleading or deceptive conduct by disclaimer.
Media Release: Clayton Utz advises Wyloo Metals on its acquisition of Noront Resources - Clayton Utz has acted as the Australian legal adviser to Wyloo Metals, a company of Tattarang, one of Australia’s largest private companies, on its successful acquisition of Canadian Nickel producer, Noront Resources Ltd (TSXV:NOT) by way of a plan of arrangement. The transaction completed yesterday.
Media Release: Clayton Utz claims over 200 spots in The Best Lawyers in Australia and inaugural 'Ones to Watch' 2023 Editions - Clayton Utz features prominently in The Best Lawyers in Australia (2023 Edition) announced today - an annual list of the country's top legal talent as voted by legal industry peers.
Media release: Clayton Utz client voestalpine Railway Systems Australia secures $225 million contract extension with NSW Government - Clayton Utz has advised voestalpine Railway Systems Australia Pty Ltd (vaRSAU) on its successful 5-year $225 million contract extension to supply the New South Wales Government with its Sydney metropolitan and greater NSW rail flash-butt welding, turnout and other track component requirements, announced last week.
New beta framework for nature impacts disclosure regime shifts focus to nature-positive outcomes - The release of the Taskforce on Nature-related Financial Disclosures' beta version of a disclosure regime for nature impacts and dependencies is particularly significant given the increased global and national focus on ESG.
Privilege and multidisciplinary partnerships: Federal Court hands down critical privilege guidance - The PwC case demonstrates that the structural differences between how work is undertaken within different types of firms is fundamentally relevant to whether legal professional privilege will attach to communications.
Recent updates to the critical minerals industry: what you need to know - The key vision behind the 2022 Critical Minerals Strategy is for Australia to be a global critical minerals powerhouse by 2030, delivering stable supply, sovereign capability and regional jobs and growth.
Restraints of trade in the employment context 02: Understanding non-compete clauses - It is clear from the case law that there is no one answer as to what constitutes an acceptable restraint and whether a restraint will be held as valid by a court will depend on the circumstances of the individual case.
Streaming services to face formalised Australian content requirements - On the Australian content front it seems that some level of regulation of online subscription video-on-demand (SVOD) services is inevitable.
The Australia-India Economic Cooperation and Trade Agreement: A possible step towards a full Free Trade Agreement - The Australia-India Economic Cooperation and Trade Agreement is expected to further strengthen Australia's relationship with India while making Australian exports to India cheaper and providing a number of domestic employment opportunities.
Unlisted entities and equity incentives for employees – rule changes from 1 October 2022 - From 1 October 2022 the regulation of offers by unlisted entities of securities and other financial products under employee share schemes (ESS) under the Corporations Act will change, making it easier to incentivise employees with equity in an unlisted entity, particularly where payment, or borrowing funds, to participate in the ESS is not required.
When can we challenge ATO conduct? Court finds Tax Office's actions "oppressive" - The Federal Court has held that the ATO engaged in “oppressive” conduct by seeking to simultaneously enforce alternative assessments in a reminder that regulator enforcement conduct is open to challenge in certain circumstances.
Whizz… Bang! Employee creditors have priority to R&D tax refunds, and the “true employer” line of authorities upheld - Where the key asset of a technology start up is a potential entitlement to an R&D tax refund, the Spitfire decision provides important clarity for financiers of such businesses, as well as for liquidators (and employees) of those businesses which fail.

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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.