July

“Second Vacancy” not needed to offer casual conversion in the APS - There does not need to be an ongoing vacancy for conversion to be required under the Public Service Act – conversion acts to change the nature of the existing employment, not create a new role.
A Bill for the protection of intersex rights in a medical setting - People with variations in sex characteristics in the ACT will have greater protections from deferrable and unnecessary medical interventions without their informed consent.
ASIC imposes first DDO stop orders as it focuses on DDO compliance - With the first use of its stop order powers under the recent Design and Distribution Obligations regime, ASIC has sent a clear message to industry that its focus is now on compliance.
Big changes proposed for Queensland Privacy and Right to Information laws - Queensland public sector agencies have until 22 July to respond to the Queensland Government's proposed reforms to Queensland’s Information privacy and right to information framework.
Enterprise bargaining trends: paid climate disaster leave, gender affirmation leave and more - Enterprise bargaining clauses are adapting to changing societal norms at a quick pace and, with the promise of adjustments to the principles and guidelines of good faith bargaining, they could gather even more speed.
Environment and Sustainable Development 5 Minute Fix 28: NGER reporting, carbon credits, water management, electricity grid and net zero - 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, sustainable development, planning and environmental protection.
Environment Minister signals fundamental changes to national environmental law - Tanya Plibersek, Minister for the Environment and Water, took the opportunity in releasing the 2021 State of the Environment Report to publicly state that the Federal Government is committed to structural change in national environmental laws
Free trade agreement between Australia and the European Union back on the table – with some caveats - The AU-EU FTA would cover goods, services and business investment, but the EU has set some new demands which link trade liberalisation to climate.
How to prepare for upcoming Security of Critical Infrastructure obligations - Reporting processes and the management of cyber security incidents are high priorities for entities which own or are responsible for critical infrastructure assets.
Keeping up with the changing landscape of professional engineers' registration requirements - Automatic deemed registration is still rolling out across Australia, along with other regulatory changes, so professional engineers and their employers need to stay on top of the current patchwork of laws, or risk downing tools.
Labor Government’s plans for “better” competition and consumer law - Higher penalties, changes to unfair contract terms laws and a new enforcement mechanism may be on the way.
Litigation 101: Examinations under section 19 of ASIC Act - The section 19 examination process is a commonly used and powerful tool for ASIC. In this article, we cover the key issues that in-house lawyers should be aware of when an officer or employee in their organisation is served with a Section 19 Notice.
Litigation 101: The implied undertaking and how to manage your obligations - Complying with an implied undertaking requires educating your business, and managing your documents.
Major Projects & Construction 5 Minute Fix 102: building reform and regulation, underestimated renovation costs, WA security of payment - Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: building reform on the agenda in the Northern Territory and Victoria, independent governance review makes recommendations for Queensland's building regulator, NSW Court of Appeal says underestimated renovation costs may be recoverable, and major reforms to WA security of payment regime set to commence on 1 August 2022.
Major Projects & Construction 5 Minute Fix 103 - Get your 5 Minute Fix of major projects and construction news. In this edition: common law and contractual rights in defects and liquidated damages claims; a "battle of the forms" in steel supply contracts; adjudicator's powers to require further submissions; oral contract variations; the binding nature of personal guarantees; and Infrastructure Australia's revised project priority list.
Media Release: Clayton Utz acts as Australian counsel to Tianqi Lithium on US$1.7bn IPO and listing in Hong Kong - Clayton Utz has acted as the Australian counsel to long-term client, dual-listed China-based Tianqi Lithium Corporation (Tianqi) on its HK$13.5bn (US$1.7bn) Initial Public Offering (IPO) and secondary listing on the Hong Kong Stock Exchange (HKSE) - the largest listing so far this year in Hong Kong.
Media Release: Clayton Utz advises Anglo Pacific Group plc on US$185m acquisition of base metals royalties from South32 - A Clayton Utz team has advised LSE and TSX listed Anglo Pacific Group plc (Anglo Pacific) on its acquisition from South32 Royalty Investments Pty Ltd (South32) of a high-quality portfolio of royalties over advanced development base metals projects. The transaction completed on 19 July 2022.
Media Release: Clayton Utz advises Woolworths on acquisition of Shopper Media Group - Clayton Utz has advised Woolworths Group Limited (Woolworths) on its acquisition of Shopper Media Group (Shopper) for a cash consideration of $150 million. The transaction was announced to the market yesterday.
Media release: Clayton Utz announces 1 July 2022 senior promotions - Fostering career paths and recognising up-and-coming talent is an important part of being a high-performing business. The promotion of this group of committed, collaborative and talented people reflects the mark they are making on our firm, and beyond.
Media Release: Clayton Utz appoints digital transformation specialist Robert Dearn as a partner in Canberra - Respected digital, data and technology law specialist lawyer Robert Dearn has joined the Clayton Utz Public Sector practice as a partner, in Canberra.
Media release: Clayton Utz increases paid parental leave benefit to 26 weeks - Clayton Utz will now offer our people access to 26 weeks' paid parental leave, with effect from 1 July this year.
Media release: Clayton Utz marks 25 years of pro bono practice - Clayton Utz is celebrating a very important milestone, marking the 25th anniversary of the launch of our Pro Bono practice in 1997.
New fee and cost disclosure requirements for superannuation and managed investment scheme products start 30 September - Issuers of superannuation and managed investment scheme products will recall the fee and cost disclosure requirements that were introduced for Product Disclosure Statements (PDSs) and periodic statements under ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070, with further guidance regarding these changes provided in an updated Regulatory Guide 97: Disclosing fees and costs in PDSs and periodic statements (released in November 2019, re-released September 2020) (RG97 regime).
NSW embedded networks inquiry closing soon - A NSW Parliamentary Committee is currently conducting an inquiry into embedded networks in NSW, with 8 July 2022 the closing date for submissions.
Proptech: Building and managing a smarter future in a post-COVID-19 world - Proptech promises significant benefits to property owners and tenants, but the integration of property and technology is not without the need to understand and manage some legal risks.
Public Law Essentials 03: Legislation and the legislative process - This Public Law Essentials guide summarises the basics of legislation and the legislative process. It is designed to be a quick and handy reference on the development of legislation from policy to its final form.
Public Law Essentials 04: Enforcement and regulatory decision-making - Regulation and enforcement are essential government functions. Regulation protects the legitimate interests of the community, businesses, individuals, the environment, and the economy (among others).
Revised Building Code released, and reduction in powers of the ABCC - Important changes to the Code for the Tendering and Performance of Building Work 2016 will commence today. Industry participants should seek advice regarding the impact of the changes to their business and operations.
Sweeping data privacy reform planned, and first dedicated Minister for Cyber Security appointed - More transparency and accountability are expected as the result of planned reforms to Australia's data privacy and cyber security laws, although we are yet to see the details.
Taskforce for Nature-related Financial Disclosure releases its v.02 beta framework for comment - Following the Taskforce on Nature-related Financial Disclosures’ (TNFD) initial beta version in March 2022 and feedback from market participants, the TNFD has released its second iteration of its disclosure regime for nature impacts and dependencies, beta v.02.
Tax hikes for Queensland landholders with interstate landholdings - It is likely that the increase in Queensland's land tax will be felt by commercial tenants, as landlords seek to pass through their increased liability (where permitted by law).
The curious case of casual employment in Australia - Casual employment in Australia is primed for another set of changes with the inception of the Albanese Government.
UK aiming to avoid food shortages through National Food Strategy: what about Australia? - While we wait for the newly elected Federal Government to find its feet on the issue of food security, developments here and abroad may just prompt a full review of our now outdated National Food Plan.
UN-convened group seeks to standardise net-zero commitments - An UN-convened group is seeking submissions on four key areas related to its development of standards for the making of net-zero emissions commitments by non-State entities.
Unravelling phoenix transactions: complications in relief in the first test of the new anti-phoenixing laws - Proving a transaction was to defeat creditors might be easier, but recovering assets under section 588FF of the Corporations Act which are not specifically part of the impugned transaction remains a challenge.

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.