August

A proposed legislative regime for Indigenous Cultural and Intellectual Property rights protection - The Productivity Commission in its most recent Draft Report has turned its attention to the issue of inauthentic Aboriginal and Torres Strait Islander visual arts and crafts. In doing so, it has recommended that Indigenous Cultural and Intellectual Property rights require dedicated legislative protection.
ACSI July report 2022: What do these findings show for Board reporting of climate risk and emissions reduction? - The emerging attention to commitment to and disclosure of emissions reductions targets and management of climate related risks disclosed in the Report by the Australian Council of Superannuation Investors is extremely encouraging.
Adverse action and negotiating Enterprise Agreements – how far is too far? - The Full Federal Court has confirmed that adverse action can be taken on the basis of a potential future exercise of the right to engage in bargaining and industrial action, potentially creating a clearer pathway for future adverse action allegations where an Enterprise Agreement is approaching is nominal expiry date.
ASIC extends transitional relief for Foreign Financial Services providers - On 2 August 2022, ASIC announced that it would extend the transitional period of relief for foreign financial services providers (FFSPs) by a further 12 months (under ASIC Corporations (Amendment) Instrument 2022/623). As a result, the current relief regime will now remain in place until 31 March 2024.
ASIC's recent action against Lanterne highlights ASIC's increasing focus on the adequacy of risk management systems - The action against Lanterne is a good reminder for all AFS licensees and even Australian credit licensees that compliance with the obligations under section 912A of the Corporations Act (and section 47 of the National Consumer Credit Protection Act 2009 (Cth) for Australian credit licensees), should not be considered a one-size-fits-all and “set and forget” proposition.
Australia’s Climate Change Bill: simple approach to a complex problem - While the main Climate Change Bill has garnered much attention, the consequential amendments to other legislation could end up being the main drivers of emissions reductions.
Celgene ACCC authorisation withdrawal provides no vote of confidence for future pharmaceutical patent settlements - Parties seeking patent settlement authorisation will need to have clear and demonstrable evidence of the public benefits claimed in the authorisation application and should obtain competition law advice ahead of submitting any such application.
China establishes mineral resources group to centralise iron ore purchasing - The establishment of China’s state-backed iron ore company is an attempt by China to shake-up the global iron ore market and highlights China’s focus on managing its purchasing power and pricing for iron ore.
Climate change adaptation front and centre for New South Wales Government decisions and planning - Climate change adaptation (and especially resilience) will be a critical factor in NSW Government project evaluation, asset management and forward planning, following the release of the NSW Climate Change Adaptation Strategy in July 2022.
Information and communication technology (ICT) accessibility – Important for all, essential for some - Organisations that fail to make their ICT products and services accessible not only risk excluding certain segments of the population, but they also potentially expose themselves to breach of laws, including anti-discrimination legislation.
Litigation 101: Document retention for business - The implementation of a clear and effective document retention policy is important to not only ensure compliance with such document retention obligations, but also to reduce the risk of adverse rulings in current or future litigation, minimise exposure to possible criminal offences, as well as manage the cost to the business of retaining documents unnecessarily.
Major Projects & Construction 5 Minute Fix 104: ABCC, combustible cladding, step-in notice, WA security of payment - Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition, we look at: the recent changes to the Australian Building and Construction Commission; parties seeking relief for combustible cladding need to demonstrate evidence of combustibility; default interest clause survives challenge based on penalties doctrine; changed contract arrangements undermine homeowners' defects remedies; the NSW Court of Appeal determines the validity of a step-in notice, and the commencement of reforms to the WA security of payment regime.
Media Release: “We can all play a role”: Clayton Utz special counsel sees opportunity with ESG agenda to help tackle child sexual exploitation and abuse - The Environment, Social and Governance (ESG) movement is an opportunity for corporations to play a more active role in helping to eliminate child sexual exploitation and abuse (CSEA) – a global humanitarian issue that is more prevalent in Australia than people might think, says Clayton Utz special counsel Mariam Azzo, the international research co-ordinator of the It’s a Penalty CommonProtect research report on CSEA.
Media release: Clayton Utz advises Mitsui on the disposal of its interests in the BHP Mitsui Coal (BMC) Joint Venture - Led by Hiroyuki Kano, Co-Head of the Japan Practice, and Stuart MacGregor, National Energy & Resources Leader, together with special counsel, Shigeki Yamaura, and senior associate, Tristan Appleby, the Clayton Utz team advised Japanese trading house, Mitsui & Co., Ltd., and its Australian subsidiary, Mitsui & Co. (Australia) Ltd (together Mitsui) in respect of the divestment of their 20 per cent interest in Stanmore SMC Pty Ltd, formerly known as the BHP Mitsui Coal joint venture (BMC), a metallurgical coal joint venture in Queensland.
Media Release: Clayton Utz partners Nikki Robinson and Cameron Gascoyne recognised at 2022 Lawyers Weekly Partner of the Year awards - Clayton Utz partners Nikki Robinson and Cameron Gascoyne were among the winners at the 2022 Lawyer Weekly Partner of the Year awards, announced at a gala function in Sydney on 28 July.
NSW to introduce new Biodiversity Credits Supply Fund and Taskforce - The NSW Government has announced the establishment of a Biodiversity Credits Supply Fund and Taskforce aimed at increasing the supply of 'in demand' biodiversity credits which are needed to support the State’s projected infrastructure, housing and manufacturing growth.
Public Law Essentials 05: Procedural fairness - Decision-makers can take practical steps to make sure decision-making is robust in terms of procedural fairness.
Safe Work Australia finalises Code of Practice for psychosocial hazards - Employers should review their risk management processes relating to psychosocial hazards, following the finalisation of Safe Work Australia’s model Code of Practice for managing psychosocial hazards and recent legislative changes in the model WHS Regulations and in Victoria.

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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.