May

"Tell 'em they're dreaming!": building development illustrations and the Australian Consumer Law - A recent case in the Federal Court is an important reminder to property developers – and indeed to anyone using artists' impressions in advertising – that there are limits on the extent to which an image used in advertising and promotion can depart from the reality.
Australian offshore wind guide - Australia’s burgeoning offshore wind sector is set to power the next wave of growth in renewable energy.
Buying cloud services Part 1 – what you need to know before you buy - Cloud contracts are often entered into on vendors’ standard terms, but knowing your leverage and whether there is room to negotiate can get you more favourable positions.
Can class action reform be expected from the new Labor Government - not a question of "if", but "when"? - Now that Labor holds the seat of power, should we expect reforms to the federal class actions regime? And if so, what might that reform look like?
Clayton Utz attracts top environment and planning lawyer as a partner in Perth - Clayton Utz has welcomed leading environment and planning lawyer (and CU alumna) Lucy Shea as a partner in our Environment and Sustainable Development practice. Lucy will be based in our Perth office.
Clayton Utz celebrates North East Link Project's Deal of the Year win at Australasian Law Awards 2022 - Our Clayton Utz team was proud to see the Victorian Government's landmark UD $11.1 billion North East Link Project (NELP) named Infrastructure and Projects Deal of the Year at the Australasian Law Awards 2022, the winners of which were announced last Thursday evening at the Hilton, Sydney.
Corporate Collective Investment Vehicles about to enter Australian funds landscape – so what are they? - From 1 July 2022, a new form of investment vehicle will be available for collective investments in Australia – the Corporate Collective Investment Vehicle. This is a significant development for funds managers wishing to establish investment vehicles, and is also useful for investors to be aware of the features of the new vehicles, to assess potential rewards and risks.
CU Safe Q&A - In March, we were pleased to reintroduce our award-winning CU SAFE (Serious Accident, Fatality and Environmental Incident Response Guide). CU SAFE is a joint initiative by the Safety and Environment teams, and was designed to help clients respond quickly and decisively to a serious safety and/or environmental incident.
Does the limitation clock tick on after an abandoned class action? The Federal Court has its say - The judgment in Turner v TESA Mining (NSW) Pty Ltd (No 2) brings some certainty for defendants in class actions, who can be more confident that a discontinuation of a class action is likely to result in the resumption of the limitation clock for group members' claims which relate to the class action.
Environment and Planning 5 Minute Fix 26: New Zealand’s adaptation plan, mining leases, Tas EPA reform, WA streamlining - 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, pollution, resources, energy and environmental protection.
Federal Election 2022 – industrial relations agenda in focus - Our team sets out the major issues in industrial relations, and how the competing parties plan to tackle them if they win power.
Federal Election 2022: What a new Labor government means for doing business in Australia - Australia has sworn in a new Labor Government led by Prime Minister Anthony Albanese, taking over from the conservative incumbents.
Federal election 2022: The new Labor Government's industrial relations agenda at a glance - Following Labor's victory on Saturday night, Australia's employers can look forward to a raft of changes to workplace law with a particular focus on job security, implementing measures to prevent the exploitation of casuals and other forms of insecure work and gender pay equity. Given the Senate result and likely composition of the House of Representatives, there will need to be some horse-trading to get its agenda through with cross-bench support, but here is what Australia's new Federal Government has planned.
Government use of artificial intelligence – new horizons (and risks) - Increasingly, governments throughout Australia are turning to artificial intelligence (AI) to manage resources, improve efficiencies and enhance public services. Despite its benefits, the use of AI comes with several unique risks and challenges which governments should consider before utilising AI.
In a world of unlimited imagination… how to protect your IP rights in the metaverse - Many forward-thinking organisations are already making plans for how they intend to protect, exploit and defend their IP rights in the metaverse.
Lien & mean – going toe to toe with contractual, statutory & common law liens - Lien claims arise through contractual arrangements, largely governed by the Personal Property Securities Act 2009 (Cth) (PPSA) and/or through statute or common law, such as warehouseman / storage liens, maritime liens and Universal Distributing liens.
Litigation 101 Series: You’ve been served with a subpoena, now what? - Receiving a subpoena can cause a significant amount of anxiety and stress. In this article, we provide some practical tips as to how to appropriately react to receipt of a subpoena, and an overview of the basis upon which a subpoena may be set aside.
Litigation 101: legal professional privilege for business - Legal professional privilege protects the confidence in communications made between client and legal adviser (or with third parties, in certain circumstances).
Litigation 101: legal professional privilege for in-house counsel - There are particular issues of legal professional privilege with documents prepared by in-house counsel. In our new Litigation 101 series, Georgina Penglis, Roxana Carrion, Trina Storm and Karen Ingram set out the dos and don'ts.
M&A Report 2022 - 2021 was like no other year in Australia. The Australian market saw a record number of M&A deals in all sectors, and as 2022 unfolds, we see more uncertainty in relation to potential interest rate rises, supply chain security (exacerbated by geopolitical tensions), Environmental, Social and Governance (ESG) considerations, and a looming Federal Election.
Major Projects & Construction 5 Minute Fix 98: NSW Research & Development Roadmap, supply chains, implied licences for home building plans - Get your 5 Minute Fix of major projects and construction news. In this issue: the NSW Government announces its 20-year Research & Development Roadmap; the Victorian Government responds to the Commissioner for Better Regulations Supply Chain Review; the Victorian Supreme Court of Appeal considered the common law concept of accord and satisfaction; the WA Supreme Court considers implied licences for home building plans; and the NSW Supreme Court upholds contractually agreed dispute resolution procedures in the face of technical arguments.
Major Projects & Construction 5 Minute Fix 99: NSW's statutory duty of care, opposing a statutory demand, and unsuccessful adjudication offsets - Get your 5 Minute Fix of major projects and construction news. This issue: significant guidance on NSW's statutory duty of care; it's all about the statutory demand. Being wound up is not a special enough circumstance to oppose a statutory demand in a Probuild Constructions (Aust) case, and unsuccessful adjudication offsets are still helpful for setting aside a statutory demand in a Federal Court decision.
Managing cybersecurity risk – precedent ASIC enforcement action provides key learnings - A recent Federal Court decision has confirmed that a failure by AFS licensees to have in place controls or measures to manage cybersecurity risk across its network of financial advisers can amount to breaches of certain general obligations contained in section 912A of the Corporations Act 2001 (Cth) by the AFS licensee, with lessons in managing cybersecurity risks for all organisations generally, particularly those that utilise third parties or intermediaries.
Media Release: Clayton Utz launches AWEI Platinum Project supporting LGBTIQ workplace inclusion - Clayton Utz is proud to formally launch our Australian Workplace Equality Index[1] (AWEI) Platinum Project which aims to support our LGBTIQ employees to feel more included in our workplace, especially when working remotely.
New plan proposed for State significant coal mine extension - The environmental impact statement for the revised expansion plans for South32’s Dendrobium coal mine has been placed on public exhibition.
New simplified method for EPBC Referrals promises increased efficiency and transparency - All proponents, regardless of whether they wish to make a new application, hold an existing assessment or approval, or wish to make a request under or vary an existing assessment or approval will need to create a new EPBC Act Business Portal account before accessing the system.
NSW Government clamps down on tax avoidance and loopholes in revenue legislation - Any transactions underway to tidy up trust arrangements in New South Wales should be reviewed to ensure that the restructuring steps involved do not result in a surprise stamp duty assessment.
NSW tightens clean air regulation for industry - Businesses have until 3 June to comment on proposed reforms imposing stricter air quality standards on older industrial premises, and new design controls on equipment used in the storage and handling of volatile organic liquids in NSW.
Only humans are inventors under the Patents Act, but for how long? - Artificial Intelligence Systems or Devices cannot be "inventors" under the Australian Patents Act, the Full Federal Court has confirmed. The inventor of a patent must be a natural person. Does there need to be legislative change to address the role of Artificial Intelligence in the Australian patents scheme?
Reference to "medical reasons" breached obligations to keep health information private - The circumstances of a use or disclosure on the relevant individual need to be considered when determining if there has been a breach of the Health Privacy Principles or other privacy principles.
The New Brooms – anticipating the Royal Commissions and inquiries - The incoming government will establish a raft of reviews and inquiries and has promised a Robodebt Royal Commission – how should you prepare?
Time is (mostly) of the essence in the new Queensland REIQ residential land contracts - It will be important for parties to residential property transactions to understand which version of the REIQ Contract is being used for the transaction. It is not compulsory in Queensland to use the most recent version of an REIQ Contract and there may be previous versions in use.

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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.