April

$15 billion National Reconstruction Fund: what you need to know - The National Reconstruction Fund will assist Australian industry to become more productive, take advantage of opportunities in a net zero economy and address supply chain vulnerabilities.
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.
Automotive snapshot: fuel consumption labels, cartels, environmental claims, class actions - The automotive sector is highly regulated, dynamic and subject to ongoing regulatory and private litigant scrutiny. The Automotive Snapshot gives you insights into the issues the industry must grapple with today and into the future, from ongoing changes to the homologation and technological regulatory frameworks to potential competition/antitrust issues to consumer law, privacy law, class action litigation, environmental claims and everything in between.
Corporate 5 Minute Fix 01: shareholder communications in schemes, lodge periodic financial reports on time, ASIC's cyber crackdown - Get your 5 Minute Fix on the latest legal trends in corporate law, designed for busy NEDS, GCS, members of the C-Suite and corporate law enthusiasts. In this edition, we have a roundup of the fortnight's top topics, everything from regulatory changes to emerging best practices, giving you a comprehensive overview of what's happening in the world of corporate law.
Defaulting finance parties: tips for borrowers in 2023 - Defaulting Finance Party provisions remain common and necessary for prudent borrowers in Australian syndicated loan documents. This article describes key provisions which should be included in loan agreements – and offers tips for borrowers to mitigate risk – when dealing with Defaulting Finance Parties.
Don't wait for Modern Slavery reforms to improve your own reporting practices - The Government is likely to strengthen reporting requirements in its upcoming round of reforms. Ensure your organisation is compliant with current legislation and avoid playing catch-up when the changes roll around.
Employees can now reasonably refuse to work public holidays – so what can employers do now? - If you haven't reviewed existing and future requirements for employees to work on public holidays (including in rosters, contracts and enterprise agreements), you should do so urgently.
Environment and Sustainable Development 5 Minute Fix 37: climate change obligations, renewables, greenwashing - 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, energy, resources, ESG, planning, heritage and environmental protection.
Federal Government releases Australia's first-ever Electric Vehicle Strategy - The National Electric Vehicle Strategy announces the Federal Government's plan to introduce a national Fuel Efficiency Standard and its commitment to building the National EV Charging Network.
Final draft version of TNFD beta framework released before publication in September - The fourth and final version of the Taskforce on Nature-based Financial Disclosure (TNFD) beta framework has been released. For the first time, market participants can see the full framework, including examples of guidance by sector and biome as well as further details of how TNFD will align with the disclosure framework under the Taskforce on Climate Related Financial Disclosure (TCFD) including reporting of direct and indirect nature related impacts (including financing) along the value chain.
Guidelines for WA's new Aboriginal Cultural Heritage framework released - With the 1 July 2023 commencement of the Aboriginal Cultural Heritage Act 2021 (WA) (ACH Act) – and an entirely new framework for the regulation of Aboriginal cultural heritage (ACH) in WA – quickly approaching, a number of key underlying Guidelines for the framework have finally been released.
Last minute Safeguard Mechanism Reforms introduce new obligations - On 27 March 2023, the Commonwealth Minister for Climate Change and Energy, Chris Bowen, and the Greens announced that they had agreed on significant amendments to the Safeguard Mechanism, paving the way for the passage through Parliament of the Safeguard Mechanism (Crediting) Amendment Bill 2023 on 30 March. The Bill is now awaiting assent, and together with key amendments to subordinate instruments, the enhanced Safeguard Mechanism is expected to commence on 1 July 2023.
Major Projects & Construction 5 Minute Fix 114: Infrastructure Australia reforms, contractor's duty of care to road users, execution formalities - Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition, we look at: proposed reforms to infrastructure advisory body Infrastructure Australia, the NSW Court of Appeal confirms a contractor's duty of care to road users, the importance of execution formalities when entering into agreements and recent decisions under the Security of Payment Act 1999 (NSW).
Media Release: Clayton Utz advises on ENERPARC AG's sale of Australian solar portfolio - A Clayton Utz team has acted as Australian legal counsel to ENERPARC AG (Enerparc) in connection with the sale of a 193 MWp portfolio of Australian solar power generation assets to Ingka Investments.
Media Release: Clayton Utz captures two 'Law Firm of the Year' awards in The Best Lawyers in Australia 2024 edition - Legal industry peers across Australia have again rated Clayton Utz and our lawyers as among the country's best, with our firm featuring prominently in The Best Lawyers in Australia 2024 edition released today.
Media Release: R&I activity strong as stormy seas tip companies from Black to Red - Current economic conditions and market instability are likely to see more Australian companies fall into distress in 2023 — creating both opportunities for proactive restructuring as well as distressed asset sales.
Merger reform, unfair trading laws, and anticompetitive sustainability initiatives firmly in the ACCC's sights - The Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, has, for the first time as Chair, confirmed that the ACCC continues to advocate for significant reforms to Australia's merger control regime first proposed by former Chair Rod Sims in 2021
More overseas companies to be subject to the Australian Privacy Act - Following recent amendments, any overseas entity that carries on business in Australia will be subject to the Privacy Act, regardless of whether it collects or holds personal information in Australia.
New Class Actions List in Queensland - It is a new dawn for class actions in Queensland and an increase in class action firms considering commencement in the Queensland jurisdiction is expected.
The resurgence of enterprise bargaining 01: navigating the industrial relations changes to enable effective bargaining - Enterprise bargaining will headline across workplace relations in 2023, making it paramount that employers and employees understand how to effectively bargain.
Transgender athletes or athletes with a DSD: science and the need for fair and sensible regulations - On 24 March 2023, the World Athletics Council (WAC) (previously the International Association of Athletics Federations or IAAF) announced new regulations for transgender athletes or athletes with a Difference of Sexual Development (DSD) (2023 Regulations). These regulations directly impact the eligibility of these athletes to compete in the female category at the international level.
WA's SOPA enhances security of payment rights for specific mining and energy contractors - More mining and energy contractors may have construction contracts to which SOPA applies and enhanced rights to recover payment.

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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.