October

Anticipated environmental law reforms introduced in Queensland - Proposed amendments introduced to Queensland Parliament aimed at modernising the Environmental Protection Act 1994 seek stakeholder submissions before October 26.
APS Bargaining update: out with the old, in with the… interim? - The Australian Public Service Commissioner (APSC) has given a first glimpse of workplace relations policy for the Australian Public Service (APS) under the new Albanese Government, with an interim 3% pay rise and a promise of good things to come.
Australia’s corporate insolvency laws to undergo a comprehensive review - A comprehensive review has begun into the effectiveness of Australia’s corporate insolvency laws in protecting and maximising value for the benefit of all interested parties and the economy. Undertaken by the Federal Government’s Parliamentary Joint Committee on Corporations and Financial Services, the review is seeking submissions by 30 November 2022.
Australia’s energy transition: investing in an uncertain regulatory environment - Australia’s energy system is undergoing its greatest transformation since the 1950s. These changes are driven predominantly by environmental factors, but also by economic conditions and engineering developments.
Back to the future and dashing ahead: What the Victorian Government's energy transition announcement means - The Victorian Government has announced a major shakeup of Victoria's energy markets if it is re-elected in November that both revives the former SEC and sets ambitious new targets.
Brokering for broadcast rights: Australian Government’s review of the anti-siphoning scheme - The Australian Government has commenced its consultation process regarding the current anti-siphoning scheme and is seeking feedback on how best to manage the broadcasting of nationally important and culturally significant events.
Budget 2022-23: multinationals, franking credits to boost tax take, and force strategy rethink - The first Budget of the new Labor Government has been delivered against a backdrop of war, an energy crisis, supply and labour constraints, currency market turmoil and rapidly rising funding costs. Importantly, 2022 has been the year in which the dreaded “I word” (“inflation”) has re-entered our collective lexicon. All of these factors feature prominently in the Government’s decisions and allocation of funding: it hopes these will keep the economy trending positively without creating excessive inflationary pressure.
Climate change effects violate Torres Strait Islanders’ rights, according to UN Human Rights Committee - A ruling by the United Nations Human Rights Committee, although not binding in Australia, adds to the growing international legal and moral authority likely to be considered in future climate justice cases.
Cyber risks insurance: what does it do, what should you think about, and how far does it go? - Cyber risks insurance has some unique complexities, and careful consideration of those and how they interact with your needs and risks is needed in this evolving (and hard) insurance market.
Environment and Sustainable Development 5 Minute Fix 31: GHG, biomass, planning, PFAS - 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, energy, resources, planning, biodiversity, and environmental protection.
Expanding the NT Offsets Framework: policy guidance on GHG emissions and biodiversity offsets - The NT Government continues taking steps towards meeting its net zero emissions by 2050 target with the release of the Greenhouse Gas Emissions Offsets Policy and Technical Guidelines, and Draft Biodiversity Offsets Policy and Guidelines which form part of the NT Offsets Framework.
Franking credits changes back on the agenda – with effects on distributions funded by capital raisings - Any non-routine dividend or transaction should be reviewed in light of the proposed exclusion from franking credits of distributions funded by a capital raising, which will be retrospective back to 19 December 2016.
Greenwashing is out of fashion, with the industry facing a crackdown on “eco-friendly” claims - A growing number of large fashion brands are facing both regulatory and consumer scrutiny over greenwashing claims, here and overseas. We take a closer look at the recent crackdown on Swedish fast fashion giant, H&M, which has been subject to regulatory action in both the Netherlands and the UK, as well as consumer activism in the US, and what that could mean in Australia.
Having the best of both worlds: the power of unlocking capital from real estate via a sale and leaseback - A sale and leaseback arrangement can offer mutual benefits to both the seller/tenant and buyer/landlord if structured and implemented appropriately.
High Court ruling on foreign residents as group members in Australian class actions raises practical issues for respondents - This morning’s ruling by the High Court allowing foreign resident group members in a shareholder class action raises strategic and practical challenges for potential respondents sued under Part IVA of the Federal Court of Australia Act 1976 (Cth) (BHP Group Limited v Impiombato [2022] HCA 33).
Important changes to the Privacy Act, including significantly increased penalties – so start getting ready now - Amendments to the Privacy Act will shortly come into force, significantly increasing the penalties for serious or repeated privacy breaches and giving the Privacy Commissioner a greater range of compliance powers.
It’s time – embedding privacy front and centre in compliance, governance and decision-making processes - Recent high-profile data breaches have elevated privacy as a critical governance and compliance risk issue across the public and private sectors.
Jumping the gun? Release of deposits in Victorian real estate transactions - A Victorian Supreme Court judgement handed down last week was the first case to consider if a contractual term requiring the early release of a deposit was in contravention of statutory provisions in Victoria.
Land swaps and off-market sales: Updates to the Commonwealth Property Disposal Policy - The updated Commonwealth Property Disposal Policy is only one part of the planned suite of changes to the Lands Acquisition Act 1989 (Cth).
Major Projects & Construction 5 Minute Fix 108: withholding payment, implied terms and High Speed Rail Authority - Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: the NSW Court of Appeal reminds us not to assume that payment can be withheld pending certification; the NSW Court of Appeal considers acceptance of an offer by conduct; family feud provides a reminder of conditions for implying terms, and the Australian Government seeks to establish a High Speed Rail Authority.
Major Projects & Construction 5 Minute Fix 109: timing and payment schedules, joint ventures, domestic building legislation, rectification damages - Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: NSW Supreme Court on the timing for provision of payment schedules; the risks of undocumented terms of joint venture agreements; variations and extensions of time under domestic building legislation; and rectification damages in the spotlight again.
Media Release: $3.7 billion Uniti Group Limited acquisition signals strong times for M&A activity in TMT sector - The $3.7 billion acquisition of diversified telco Uniti Group Limited (Uniti Group) last quarter – on which Clayton Utz advised – was a landmark deal for the TMT sector that is likely to see further activity as investors see long-term value in digital infrastructure assets.
Media Release: Clayton Utz acts for Conrad Asia Energy on its successful IPO and ASX listing - Clayton Utz has acted for Singapore incorporated energy company Conrad Asia Energy Ltd on its initial public offering and listing on the Australian Securities Exchange, with the bell ringing today - making it the largest company listing on the ASX in the second half of this year to date.
Media release: Clayton Utz advises Minerva Foods Australia on its acquisition of Australian Lamb Company - Perth, 21 October 2022: Clayton Utz has advised Minerva Foods Australia, a joint venture ultimately owned by South American beef exporter Minerva S.A. and the Saudi Agricultural and Livestock Investment Company (SALIC), on its purchase of Australian Lamb Company.
Media Release: Clayton Utz advises Talison Lithium on US$1 billion corporate facility - A Perth Clayton Utz team has advised long-time client Talison Lithium Pty Ltd (Talison Lithium) on successfully negotiating a US$1 billion syndicated facility agreement, with financial close taking place on 7 October.
Media Release: Clayton Utz congratulates Wright Prospecting on Rhodes Ridge JV milestone with Rio Tinto - A Clayton Utz team is proud to have played a role in the landmark agreement announced yesterday between Wright Prospecting Pty Ltd (Wright Prospecting) and Rio Tinto to modernise their Rhodes Ridge iron ore joint venture (JV) project in the East Pilbara in Western Australia.
Media Release: Clayton Utz is a top 10 Best Workplace to Give Back, says GoodCompany - Clayton Utz has again made GoodCompany’s list of Australia’s Top 40 Best Workplaces to Give Back – this year at number 9.
Media Release: Clayton Utz partner Jennifer Wyborn wins ACT Woman Lawyer of the Year award - Clayton Utz partner Jennifer Wyborn was last Friday named Woman Lawyer of the Year – Private (practice) at the 2022 ACT Women Lawyers Awards.
Media release: Clayton Utz’s pro bono work in Western Australia recognised at Attorney General’s Community Service Law Awards - Clayton Utz was among the lawyers recognised at the 16th annual Attorney General’s Community Service Law Awards announced on 30 September for providing outstanding pro bono legal services to the Western Australian community.
Miramax and Tarantino settle Pulp Fiction NFT dispute leaving NFT intellectual property issues in the valley of darkness - One of the first high-profile US intellectual property cases involving NFTs has settled, meaning it is more important than ever to carefully consider the various intellectual property issues which may be relevant to the creation and commoditisation of NFTs.
NSW EPA releases for consultation its first ever plan for climate change action - The NSW EPA has released drafts of its first ever climate change policy and action plan, which is set to impact, in particular, environmental protection licence holders in efforts to reduce industry emissions.
NSW Government set to overhaul the construction industry with new building reforms - Expanded licensing and liability are on the way for the NSW building sector.
NSW LTESAs – Project Bid deadline closing this week! - There is a lot of interest from public and private sector stakeholders alike in seeing how many proponents lodge project bids for the new NSW LTESAs this Friday and what those bids look like.
Proptech: Understanding and managing privacy and surveillance issues - Implementing and using surveillance technologies and associated data in a property context will require proptech users to understand and manage the associated privacy and other legal issues.
Public Law Essentials 07: What happens when things go wrong? - Lawyers assisting decision-makers should be attuned to the concept of legal risk management, including what are the risks of challenge, and how can a decision be buttressed against those risks? So, what are the legal risks that can arise from government decision making? And when these risks materialise, what are the practical implications for government decision makers? This edition of our Public Law Essentials series explains.
Secure Jobs, Better Pay Bill to be introduced to Federal Parliament next week, but how far it goes is still unknown - The Federal Government has moved on workplace relations reform with the announcement this morning that it will introduce the Secure Jobs, Better Pay Bill to Federal Parliament on Thursday 27 October 2022.
Surgery to the national health law to affect 800,000 health practitioners - Australia’s more than 800,000 registered health practitioners across 16 professions should be alert to new laws recently passed by the Queensland Parliament, which impact the way they are registered and disciplined by national regulatory bodies.
TGA targets vaping advertisers in recent Federal Court filings - Advertising of nicotine vaping products to the public is squarely in the TGA's sights as it commences two separate Federal Court proceedings.
Three takeaways from the proposed reforms on multinational tax integrity and transparency - A new Federal Government means a new tax agenda, and all businesses with international connections should consider what that agenda means for them.
Time to get ready for unfair contract terms changes (and higher penalties too) - With the unfair contract terms prohibitions set to take effect within around 12 months, now is the time for consumer-facing businesses to carefully review their standard form agreements, and processes for proposing or purporting to rely on them.
Uses of public purpose land: encroachments on the statutory framework? - While the most certain guide to whether a particular use of land set aside for a public purpose under an Act is lawful is the statute itself, the outcome may depend on the particular emphasis that is, one way or the other, placed on the language used in the statute.
Water industry competition reform in NSW advances with release of draft regulation - The Draft Water Industry Competition Regulation 2022 provides important details for the operation of the new WICA licensing, approval and “last resort” regimes.
Wider scope for native title compensation on the horizon? - Is native title compensation payable for acts that occurred prior to the commencement of the Racial Discrimination Act 1975 (Cth) (RDA)? This important question is being heard in Darwin this week, by the Full Court of the Federal Court, as part of the Galarrwuy Yunupingu compensation matter (NTD43/2019) (Gove Compensation Claim).

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.