May

A "whole of government" approach to legal professional privilege - This decision on legal professional privilege will facilitate sharing of legal advice among NSW Government departments in the context of specific matters.
ACT Government bringing forward target of zero net emissions to 2050 - A new ACT Bill aims to bring forward its target of zero net emissions by a decade to give effect to the Government's recent policies on greenhouse gas emission reduction and renewable energy targets.
An alternative approach to the treatment of penalties and fines in bankruptcy - In 2013-2014, 81% of all people who became insolvent did so for personal rather than business reasons.
ASX releases consultation paper with proposed updates to admission requirements - submissions sought - On 12 May 2016, ASX released a Consultation Paper titled "Updating ASX's admission requirements for listed entities", setting out proposed Listing Rule and Guidance Note changes to ASX's admission requirements.
Australia signs up to the Extractive Industries Transparency Initiative (EITI) - The EITI is a global standard that promotes open, accountable and inclusive management of natural resources.
Bargaining notice timeframes for enterprise agreements aren't just for show - Employers entering negotiations for a new enterprise agreement must provide a notice of employee representation to employees within 14 days of the notification time.
Budget 2016/17 - Multinationals in the spotlight - The Australian Government has handed down its Budget for 2016/17, and announced several integrity measures, an extended schedule to reduce the corporate tax rate, and reform measures for collective investment vehicles.
Clayton Utz acts on $120 million Ironbridge block trade - Sydney, 10 May 2016 Clayton Utz has acted for funds advised by Ironbridge Capital Management (Ironbridge Funds) on the $120 million+ block trade of 38,000,000 shares held by the Ironbridge Funds in Eclipx Group Limited (Eclipx).
Clayton Utz marks first milestone in WA's $75.4 million Scarborough Beach foreshore revitalisation - Clayton Utz is advising on one of the largest infrastructure revitalisation projects being undertaken in Western Australia - the $75.4 million Scarborough redevelopment.
Clayton Utz' Nikki Robinson and Jennifer Wyborn winners at 2016 Lawyers Weekly Partner of the Year awards - Clayton Utz partners Nikki Robinson and Jennifer Wyborn are among the inaugural winners of 2016 Lawyers Weekly Partner of the Year Awards. The award winners were announced at a gala black-tie event in Sydney on 28 April.
Clayton Utz wins 2016 QLS Equity and Diversity Award - Clayton Utz's initiatives to promote diversity and equal opportunity within the profession have been recognised with a Queensland Law Society (QLS) Equity and Diversity Award.
Clayton Utz wins two major Law Firm of the Year awards - Clayton Utz is celebrating two significant award wins: FTI Consulting Australian Large Law Firm of the Year at the 2016 Australasian Law Awards, and Law Firm of the Year (20 partners or more) at the 2016 Law Institute of Victoria (LIV) Awards. This is the second year running that the firm has taken out both awards.
CU advises Spookfish Ltd on license, royalty and equity investment by Vista Equity via EagleView Technologies - Clayton Utz is advising ASX listed geospatial imagery products and services company Spookfish Ltd (ASX: SFI) in respect of its entry into license, royalty and equity investment agreements with EagleView Technologies Inc, a North American market leading provider of aerial imagery, data analytics and GIS solutions, announced today.
Don’t flip out! Government's proposals on ipso facto clauses could void securitisation flip clauses - The Australian Government is proposing to constrain certain "ipso facto" clauses ‒ a move which could make flip clauses void. The closing date for submissions is Friday 27 May 2016.
Enhanced Venture Capital Limited Partnerships and impact on Significant Investor Visas - Tax changes include making venture capital tax concessions available for FinTech, banking and insurance related activities, and who can access the 10% non-refundable tax offset.
Enterprise agreements made on or after 18 May to be assessed for Building Code compliance by FWBC - Contractors whose enterprise agreements do not comply with the Building Code 2013 will be unable to bid for Commonwealth-funded building work which is procured on or after Friday 1 June 2016.
Environmental assessments for major projects - Investing upfront in an outcomes-driven environmental assessment process will lead to better project approvals, and increased protection from successful legal challenges.
Extensive coastal management reforms for NSW - The Coastal Management Bill will create a new framework for managing development proposals along the NSW coast.
Government response to Senate Committee's report on credit cards - consultation closes soon - The Government is looking at a two-phase process focused on legislative protection of vulnerable consumers, competitive pressure on credit card issuers and consumers information.
Insurance cover can leave you exposed: earnings and the high income threshold for unfair dismissal - In determining whether an employee is protected by the unfair dismissal regime in the Fair Work Act, you must carefully consider all of the employee's benefits.
Is an agent in competition against its principal: The High Court to rule in the Flight Centre case - The implications of the ACCC winning its appeal in the Flight Centre price parity case could potentially outlaw price parity arrangements between principals and agents.
Land holder rights in mining exploration broader than expected, according to NSW Court - This decision may affect the way access arrangements are interpreted, especially whether they cover all relevant "significant improvements".
New national regulation for industrial chemicals - The Federal Government is proposing a national standard to harmonise environmental risk assessment of industrial chemicals throughout Australia to better protect the environment.
New partner for Clayton Utz Private Equity team - Private equity specialist David Stammers has joined the Clayton Utz Corporate national practice group as a partner, based in Sydney.
No green light for establishing causation in shareholder claims - While shareholders may only need to establish indirect market causation, there are still significant obstacles for establishing shareholder claims.
Responding to fraud: a practical checklist for general counsel - Every fraud will inevitably throw up its own issues and challenges which a general counsel will need to work through, but our checklist is a good starting point for identifying the issues which typically require immediate attention.
Retention of title and the PPSA: a high steaks issue - This case provides some clarification of matters relating to registration of retention of title clauses for secured creditors dealing with grantors
Stronger, simpler, and more streamlined: proposed refit for Australia's anti-money laundering regime - The review of the Anti-Money Laundering and Counter Terrorism Financing Act advocates making the Act simpler and more principles-based, and the AML/CTF Rules rationalised and more user-friendly.
Sweeping biodiversity and native vegetation reforms proposed for NSW - Developers and land owners should review the package and consider making a submission before 28 June.
The countdown is on: retail shop leases reform in Queensland - The Retail Industry has six months to prepare for significant changes to retail leasing in light of significant amendments to the Retail Shop Leases Act 1994 being passed on 10 May 2016.
Toowoomba Second Range Crossing named Best Road Project at the 2016 Partnerships Awards - One of Australia's largest regional road projects, the Toowoomba Second Range Crossing (TSRC), was named the Best Road Project at the 2016 Partnerships Awards held in London on 12 May. Clayton Utz has advised the Queensland Government on the project since 2012.
Uber: lessons on liability and risks for corporates - If a worker is engaged as an independent contractor or consultant, and a court or tribunal determines that the worked is in fact an employee, the employer could be exposed to penalties and extra obligations.
Verification of Identity, or who are you again? - From 1 May 2016, NSW has new identity verification rules in real estate transactions.
When bright lines blur: when is personal information "de-identified" and why does it matter? - Even if you de-identify personal information, you must minimise or manage the risk of others putting the pieces together and identifying individuals.
When infrastructure projects collapse: apportioning blame - Contractors should be aware of their contractual obligations, particularly when involved in a project with a complex contract document suite.
Your guide to the Australian Building & Construction Commission - The ABCC Bill would re-establish the ABCC and give it greater powers to address unlawful conduct by building industry participants.

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.