Clayton Utz Knowledge Our latest insights, news and media Search By All Areas of Expertise selectAdministrative and Public LawAdvertising and MarketingAgribusiness and FoodAlternate Investment FundsAlternative LendingAnti dumping and ImportationAsset FinanceAustralian Consumer LawBanking and FinanceBusiness and Human RightsCapital ManagementCapital Markets and SecuritiesClass ActionsClimate ChangeCompetitionConstruction and Major ProjectsCopyrightCorporate / M&ACorporate FinanceCorporate GovernanceCorporatisation and PrivatisationCyber SecurityDebt Capital MarketsDebt Trading and Special Situation InvestingDerivatives DebtEnergy and ResourcesEnforcement and CartelsEnvironment and PlanningEnvironmental and Toxic Tort LitigationEquity Capital Markets / IPOsFinancial Services Royal CommissionForeign Investment in AustraliaForensic and Technology ServicesFranchisingFunds ManagementGovernance and ComplianceGovernment ServicesHealthcare and Life SciencesInfrastructure Access and RegulationInsolvencyInsurance and RiskIntellectual PropertyInternational ArbitrationInternational TradeInvestigations and Crisis ManagementLeisure and EntertainmentLeveraged FinanceLitigation and Dispute ResolutionMerger and Acquisition ClearanceMergers and AcquisitionsNative TitleNot-For-ProfitPatentsPharmaceutical and Medical DevicesPrivacyPrivate EquityProduct LiabilityProject FinanceProperty FinanceReal EstateRenewablesRestructuringRestructuring and InsolvencyRetail BankingSecuritisationSocial MediaStructured FinanceStructured ProductsSuperannuation and PensionsTaxationTaxation DisputesTelecommunications, Media and TechnologyTrade MarksTransport and LogisticsWaterWhite Collar Crime and InvestigationsWorkplace Relations, Employment and Safety All Knowledge Types selectArticleAudioDocumentMedia ReleaseVideo Date Published After December 2019 December 2019 MTWTFSS 482526272829301 492345678 509101112131415 5116171819202122 5223242526272829 53303112345 Published Before December 2019 December 2019 MTWTFSS 482526272829301 492345678 509101112131415 5116171819202122 5223242526272829 53303112345 NSW Government excludes scope 3 emissions from mining assessment If passed, the new Bill will likely ease the approval of mining projects in NSW, although the impacts from GHG emissions are only one of a multitude of environmental and social impacts that will need ... Article, 31 Oct 2019 Quantum meruit and repudiation: not the bonanza it once was A builder's entitlement to recover on a quantum meruit basis (essentially, "amount deserved") following acceptance of an owner's repudiation of a building contract has survived the High Court's scruti ... Article, 31 Oct 2019 Marshalling the troops when debtors become insolvent: A refresher on the equitable doctrine of marshalling The equitable doctrine of marshalling can protect the security interests of subordinate secured creditors when a debtor becomes insolvent. Article, 31 Oct 2019 Less scope, more privacy obligations, for employers relying on the employee records exemption Unless the Fair Work Commission's decision is not followed, or the Privacy Act is amended, employers may need to make substantial changes to many of the procedures and policies for collecting informat ... Article, 31 Oct 2019 Administrative law updater: When is there an implied power to delegate statutory functions? If there is no express power to delegate a statutory power, Courts will consider whether the language, scope or object of the statute override the principle that the power must be exercised personally ... Article, 31 Oct 2019 What does the future hold for the IPC: Review of the IPC called for by NSW Government Submissions to the NSW Productivity Commissioner on the role and future of the Independent Planning Commission are due by Friday 15 November. Article, 31 Oct 2019 Maintaining privilege in expert communications: the Victorian Supreme Court provides practical guidance Privilege is not waived in communications between lawyer and expert that were considered by the expert but were not relied upon for the expert's opinion. Article, 31 Oct 2019 Once a retail lease, always a retail lease? Yes, says the Victorian Supreme Court While leases cannot jump in or out of the Retail Leases Act 2003 (Vic), caution should be taken in addressing lease renewal. Article, 31 Oct 2019 Media Release: Clayton Utz advises Zone 5 on its successful acquisition of Today's Plan Clayton Utz has advised US-based sports technology and investment company, Zone 5 Ventures, Inc. (Zone 5), on its acquisition of Today's Plan Pty Ltd (Today's Plan), which operates the world's leading ... Media Release, 31 Oct 2019 Review all discretionary trusts now following changes to surcharge purchaser duty and surcharge land tax Review all discretionary trust deeds and amend it to satisfy the no foreign beneficiary requirement and no amendment requirement by midnight on 31 December 2019. Article, 30 Oct 2019 NSW developers have one month to get ready for new Disclosure Statement and sale of land contracts New reforms affecting off-the-plan sales in NSW will commence on 1 December 2019 which will require developers to attach a "Disclosure Statement" to all contracts issued on and from 1 December 2019. Article, 29 Oct 2019 Media release: Clayton Utz advises Patersons Securities on successful $25 million merger with Canaccord Clayton Utz has advised Perth-based wealth and stockbroking firm Patersons Securities Limited on its $25 million merger with Canaccord Financial Group (Australia) Pty Ltd via scheme of arrangement. ... Media Release, 23 Oct 2019 Administrative law updater: Undefended civil penalty proceedings Despite recent successes by regulators, decision-makers should carefully consider the burden of proof, any available defences, and whether there is a contradictor before bringing undefended proceeding ... Article, 18 Oct 2019 For whom the Bell tolls: it tolls for Chorley but not in-house lawyers' litigation costs In-house lawyers may act as lawyers on the court record, either initially before engaging external lawyers or for the entire court proceeding. Either way, they must keep a few things in mind to preser ... 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