December

A united front – Western Australia proposes to introduce data privacy laws - The WA Government has announced that it is drafting new laws to implement a data privacy regime that will apply to WA public sector organisations. While much will depend on the final form of any legislation, the new laws will afford an opportunity for those organisations to improve the delivery of current and future services to the public.
ASIC commences civil penalty proceedings for alleged DDO breaches for the first time - After issuing a series of stop orders, ASIC has now commenced civil penalty proceedings for the first time in relation to alleged contraventions of design and distribution obligations (DDO) in Part 7.8A of the Corporations Act.
ASIC releases enforcement and regulatory update for July to September 2022 - ASIC’s quarterly enforcement and regulatory report for July to September 2022 demonstrates the regulator’s focus on its strategic priorities under its Corporate Plan for 2022-2026.
Australia’s Free Trade Agreements: The 2022 round-up, and the opportunities in 2023 - With the object of boosting the economy through increased trade and investment, Australia has continued to develop its network of free trade agreements through 2022, and has significant plans for 2023, bringing more opportunities for business.
Australian Guarantee of Origin scheme for renewable electricity and green products released for consultation - Following consultation on Australia’s proposed Hydrogen Guarantee of Origin scheme throughout 2021 and 2022, the Australian Government has now opened consultation on the proposed design of a much broader Guarantee of Origin scheme for renewable energy and various green products across supply chains.
Commercial buyer beware – landlord liability for lease defaults inherited from seller and possible set-off risks - The Queensland Court of Appeal has recently considered a commercial dispute between a Tenant and its new Landlord as to whether the new Landlord was liable for breaches of the pre-existing landlord prior to its purchase of the property.
Considering Copyright: the Attorney-General’s Department’s review of copyright enforcement issues - On 9 December 2022, the Attorney-General’s Department commenced a consultation process into its review of Australia’s copyright enforcement regime. The Department is seeking feedback from all members of the public, however, it is particularly interested in the views of copyright owners and users, as well as online services providers and other third-party intermediaries.
COVID-19 regulation wrap-up for 2022 - The National Cabinet's new strategy signals that employers will need to be more vigilant about monitoring and responding to the risks of COVID-19 infection in the workplace.
Developments in WA mining law: limits on the Minister's power in granting exploration licences and amendments to the Mining Act 1978 - The Minister does not have the power to excise areas the subject of a miscellaneous licence or general lease from the grant of an exploration licence where the excision results in an exploration licence being granted over part of a graticular block.
Directors granted leeway to apply for Director ID by 14 December 2022 - Directors who were required to apply for their director identification number (director ID) by 30 November 2022 have been granted a 14-day grace period.
Employment outside NSW won’t automatically count for long service leave in NSW, so review how you track it now - Employers should be looking at how they track their employees’ entitlements to long service leave in NSW, following a decision by the Court of Appeal which overturned the previous understanding of how the Long Service Leave Act 1955 (NSW) applied to employees who have moved between States or countries during their continuous service (Wipro Limited v State of New South Wales [2022] NSWCA 265; Clayton Utz acted for the successful employer).
Environment and Sustainable Development 5 Minute Fix 33: net zero, waste export, energy, biodiversity, planning - The Environment and Sustainable Development 5 Minute Fix is a snapshot of need-to-know news on a range of ESD issues nationally. This edition focuses on the latest in climate change, waste, energy, resources, biodiversity, sustainable development, cultural heritage, planning and environmental protection.
Fake websites on the rise: what to do when fraudsters imitate your business - Fake websites are becoming more prevalent, and the fraudsters’ tactics are becoming more sophisticated. Here’s what you should consider if you come across a scam website which imitates your business.
Five years in the making: Queensland’s Public Interest Disclosure Act 2010 under review - Technical, operational and implementation issues in Queensland’s public sector integrity framework will be the likely focus of the Public Interest Disclosure Act review.
Foreign investment trends in the July 2022 quarter, and their implications - Greater scrutiny of foreign investment applications is revealed by the latest Treasury report.
Importance of the Circular Economy clear in proposed changes to the NSW Resource Recovery Framework - The NSW EPA has accepted all 22 recommendations in Dr Wilkinson's independent review into the NSW Resource Recovery Framework, aimed at improving circular economy outcomes in NSW and developing markets for recycled products.
Is a break fee the only remedy if you walk away from a scheme of arrangement? - Bidders should be carefully reviewing transaction documentation in light of the Pendal decision, which has opened the door to liability greater than simply paying a break fee.
It goes without saying… but is that inference or implication? Ascertaining the terms of informal contracts - An informal contract is legally binding, but will inevitably involve ambiguity as to its terms, and hence potential uncertainty in business dealings, which in turn can lead to distracting disputes.
Landmark Federal environmental overhaul: Independent National Environmental Protection Authority and sweeping reforms - The Nature Positive Plan: better for the environment, better for business, released yesterday, sets out the Australian Government’s plan to introduce legislation to Parliament before the end of 2023 to overhaul Federal environmental laws, including the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), and to create an Independent National Environmental Protection Authority.
Loot boxes for adults only under proposed new law - While it is rare for private members’ bills to be passed, there has been growing support to regulate computer game features which simulate gambling.
Major Projects & Construction 5 Minute Fix 111: Secure Jobs, Better Pay in construction, force majeure, contract repudiation - Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: a snapshot of what's ahead now the Secure Jobs, Better Pay Bill has passed; the English Court of Appeal on force majeure in the context of economic sanctions; contract repudiation in a challenging economic climate; the NSW Government’s response to State Infrastructure Strategy; can the COVID-19 Pandemic be declared a “force majeure event”; the Full Federal Court on off-the-plan (mis)representations.
Media Release: Clayton Utz advises Squadron Energy on acquisition of CWP Renewables - Clayton Utz has advised Squadron Energy, a company of Tattarang, one of Australia’s largest private companies, on its agreement to acquire CWP Renewables from private equity firm, Partners Group - one of Australia’s biggest ever renewable energy transactions, announced to the market on 7 December.
Media Release: Clayton Utz announces 1 January 2023 partner promotions - Clayton Utz is pleased to announce nine new vertical partner promotions, effective 1 January 2023.
Media Release: Clayton Utz names Emma Covacevich as next Chief Executive Partner - The Board of Clayton Utz has today announced the appointment of Emma Covacevich as our firm’s next Chief Executive Partner (CEP), effective 1 July 2023. The appointment is for a three-year term.
Northern Territory extends liability for environmental offences to related entities in the onshore petroleum industry - Directors, executive officers and other related entities will soon be potentially liable for environmental offences in the onshore petroleum industry under the new chain of responsibility laws that have been passed.
NSW Government coal market price emergency powers in force, so check your supply arrangements now - On 21 December 2022, the New South Wales Parliament passed the Energy and Utilities Administration Amendment Act 2022 which, among other things, provides the Government with the ability to set maximum prices for coal, direct the supply of coal to particular persons and set conditions with respect to the supply of coal in NSW.
Off-market share buy-backs: the impact of tax changes on investor behaviour - The announced changes to the operation of the off-market share buyback provisions for listed companies as part of the Federal budget was the second proposed change to the operation of the imputation system in as many months. While both were messaged as integrity measures, the combined impact could have broader market impacts.
Queensland given first glimpse of proposed new Property Law regime - Queenslanders have now received their first glimpse of Queensland’s proposed new property law regime with the recent release of the public exposure draft of the Property Law Bill 2022.
Real estate 5 Minute Fix 20: stamp duty and revenue, land tax, e-conveyancing, and mortgagee protections - Get your 5 Minute Fix of real estate news. This issue: stamp duty and revenue; land tax; e-conveyancing; planning system updates; and mortgagee protections.
Secure jobs, better pay: your guide to the reforms - IR reform was a big agenda item in the 2022 Federal Election, and on 27 October 2022 the Labor Government tabled the widely expected Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022.
Significant cultural heritage reform on the cards for Australia - The Federal Government’s response to the inquiry into the destruction of Aboriginal heritage sites at Juukan Gorge centres on developing a new national legislative framework for cultural heritage protection in conjunction with First Nations Peoples.
The Privacy Commissioner’s Christmas present – new powers - Recent changes to the Privacy Act have increased the powers of the Privacy Commissioner to investigate potential breaches of privacy.

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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.