September

An expert's report vs a lawyer's file notes about it: what's privileged and protected from disclosure in Queensland? - While rule 212(2) of the UCPR (Qld) abrogates statements or reports of an expert (even drafts), it does not abrogate privilege that exists in a solicitor's file note, even if the file note is in relation to a statement or report created by an expert.
Building Biodiversity: Australian nature credit markets beyond the TNFD - Clayton Utz has partnered with thought leadership agency The Action Exchange to launch a report on Building Biodiversity: Australian nature credit markets beyond the TNFD. This report explores the way the Taskforce on Nature-related Financial Disclosures (TNFD) is likely to shape emerging voluntary Australian biodiversity credit markets that will fund nature protection and restoration. It includes an examination of the risks, opportunities and legal considerations businesses will need to consider to manage the financial impacts they face from degradation of the natural environment.
Corporate 5 Minute Fix 06: material business risk disclosure, JORC Code update, Takeover Panel's Guidance Notes - 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.
Duties doldrums: NSW budget makes significant changes to stamp duty that will cause a re-think on commercial transactions - Labor's first budget in New South Wales in over a decade was handed down on 19 September 2023 and is full of unexpected (and unwelcome) surprises.
Environment and Sustainable Development 5 Minute Fix 42: circular economy, mining, sustainability and marine dredging - 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 including a draft binding international instrument on plastic pollution, tackling the war on waste through circular economy legislation and regulations, environmental reforms for the regulation of mining activities, and updated guidelines for marine dredging activities.
Fair warning: Federal Government consults on proposed law to ban "unfair trading practices" - Australian Treasury has progressed the debate on a law against unfair trading practices by inviting submissions on a consultation paper published last week. It has been reported that the Government will consider feedback on this paper before drafting legislation next year.
Forum shopping undermining the "uniform" defamation law - We expect to see the Federal Court become even more attractive to defamation plaintiffs if they do not have to establish serious harm before trial. The Supreme Courts of Western Australia and the Northern Territory are also currently an attractive prospect, since under the law of those jurisdictions, serious harm has not been introduced, and the concerns notice process is not mandatory.
IR reforms 3.0: get ready for changes to casual and gig employment, labour hire, wage theft and union rights - The Federal Government's latest tranche of reforms, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023, aims to amend the Fair Work Act 2009 and related legislation to close perceived loopholes that undermine worker pay and conditions, and strengthen Australia's work health and safety framework.
JORC Code Review proposes enhanced transparency and ESG focus - The revised JORC Code, which will soon be open for consultation, will have greater qualitative considerations and alignment with global standards.
Launch of TNFD global framework is a step towards a nature-positive future - The Taskforce on Nature-related Financial Disclosures' new global framework is for organisations to report and act on evolving nature-related dependencies, impacts, risks and opportunities, after two years of development and market consultation.
Major Projects & Construction 5 Minute Fix 119: conditional completion certificates, termination rights, refusing payment - Get your 5 Minute Fix of legal trends in Major Projects and Construction. In this edition: the NSW Supreme Court rejects conditional completion certificates; the Victorian Court of Appeal overturns a decision on termination rights; Tasmania considers contractual rights to refuse payment; the WA Court of Appeal provides a refresher on joinder; Victoria reinforces the unique Victorian approach to judicial review of non-jurisdictional errors; and catch a wrap-up of recent security of payment decisions.
Media release: Clayton Utz secures half a million dollars for woman kept as slave in Melbourne - The Clayton Utz pro bono team this week has secured $485,411 for former slave Ms N, thanks to an extraordinary direction from the Commonwealth Attorney-General under the Proceeds of Crime Act. The payment represents unpaid wages across years of servitude and comes out of assets seized by the AFP from Ms N's convicted slaveholders.
Media release: Gerwyn Davies wins 2023 Clayton Utz Art Award for piece that "defies logic" - Photographer Gerwyn Davies has won the 2023 Clayton Utz Art Award with his piece 'Resort'. He walks away with $20,000 to help him continue his passion.
Mercedes-Benz defeats dealers in landmark agency model case - The long-awaited judgment of the Mercedes-Benz agency model case was handed down by Justice Beach last week, finding comprehensively against the dealers and setting an important precedent for OEMs nationwide when considering strategies for making changes to automotive franchise arrangements or the structures of dealer networks more broadly.
Parliament signals a comprehensive review of corporate insolvency law in Australia - The Parliamentary Joint Committee on Corporations and Financial Services released its Report into Corporate Insolvency in Australia, the first major review of Australia's corporate insolvency regime since the Harmer Report in 1988.
Personal Property Securities Act set for an overhaul - Views on proposed changes to Australia's Personal Property Securities Act are being sought by the Federal Government by Friday 17 November 2023.
Takeovers Panel releases updates guidance on deal protection, fiduciary outs and insiders in control transactions - A consultation process launched by the Takeovers Panel late last year has produced updates to two Guidance Notes, released on 8 August. Both the updated Guidance Note 7 and Guidance Note 19 pose some issues for Boards entering exclusivity arrangements, or managing insider participation in control transactions.
The Financial Accountability Regime is finally here - On 5 September 2023, the Financial Accountability Regime Bill 2023 (FAR) was finally passed by the Commonwealth Parliament. Despite extended debate over the introduction of individual civil liability provisions for accountable persons, the FAR Bill was ultimately passed without any further amendments since its re-introduction into Parliament in March 2023.
Three's a crowd – when neutral, commercial third parties are pulled into family law cases - With rising property prices, complex business arrangements and asset pools, divorce rates and the introduction of the Major Complex Financial Proceedings List in 2021, it is perhaps not so surprising that the Federal Circuit and Family Court is increasingly dealing with complex property settlements.
We've fixed the electricity market before – let's do it again - Across Australia, there is consensus on the need to reform the electricity market to reach net zero and provide a reliable power supply.
What are the Commissioner's powers in the Land and Environment Court's conciliation process? - A Commissioner of the Land and Environment Court does not have the power or obligation to review the merits of a decision reached at section 34 conciliation conferences.

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.