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  • Article

    1 Bligh St: Clayton Utz's new energy-efficient Sydney home

    There's a greater awareness that a move into energy-efficient buildings can neatly combine several interests of a business – the financial, the human, and the community. 1 Bligh St: Clayton Utz's new energy-efficient Sydney home There's a greater awareness that a move into energy-efficient buildings can neatly combine several interests of a business – the financial, the human, and the community. As of winter 2011, Clayton Utz will have a new home in Sydney in 1 Bligh St. As it is designe
    AustraliaEnvironment
    Clayton Utz
    Clayton Utz
  • Article

    ACCC / Hewlett-Packard dispute over consumer warranty rights: a reminder to check ACL compliance

    Retailers and manufacturers should ensure that they meet ACL obligations to explain consumer guarantees and warranties.
    AustraliaConsumer Protection
    Clayton Utz
    Clayton Utz
  • Article

    ASIC conducting checks on annual compliance certificates for credit licensees

    Australian Credit licensees must have adequate documentation and systems to show they are complying with their obligations.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    International Compliance Standard update

    A new international compliance standard is currently being developed.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Tradeable water rights excluded from "derivatives" regulation

    A "derivative" is an arrangement under which a party may be required to provide consideration at a future time.
    AustraliaEnergy and Natural Resources
    Clayton Utz
    Clayton Utz
  • Article

    Are you FOFA (Future of Financial Advice) ready?

    The Future of Financial Advice legislation commenced on 1 July 2012 and compliance will be mandatory from 1 July 2013.
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Article

    FOFA mandatory compliance has commenced

    The article discusses the four key issues facing AFS licence holders in relation to governance risk and FOFA compliance.
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Article

    Major decision on set-off and security interests in insolvency may lead to significant contractual change

    This decision clarifies the limitations of set-off in a liquidation scenario and a security interest under the PPSA.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Clayton Utz
    Clayton Utz
  • Article

    Service in related entities outside Australia counts towards WA long service leave entitlements

    When calculating long service leave entitlements, WA employers must include all continuous service with related bodies.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Australia's carbon price - the end of the beginning

    The legislation to introduce a carbon price for greenhouse emissions is passed but many details are still unfinalised.
    AustraliaEnvironment
    Clayton Utz
    Clayton Utz
  • Article

    Victorian budget 2016/17 tax and duty changes: land, payroll, and partnerships affected

    There are some increased taxes and duties in Victoria's budget, but also some higher thresholds and extended exemptions.
    AustraliaTax
    Clayton Utz
    Clayton Utz
  • Article

    2014 will see M&A comeback

    M&A is coming off the back of a shaky 2013 but the conditions are perfect for a much brighter 2014.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    The prospect of a safe harbour for company directors

    Australia may place too much emphasis on penalising and stigmatising corporate failure and not on celebrating success.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Clayton Utz
    Clayton Utz
  • Article

    The MAC is back?

    Despite its popularity, it is difficult to establish that a material adverse change (MAC) condition has been triggered.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Will the MRRT trigger change in law provisions in long-term supply contracts?

    Much has been written lately concerning the potential form that the proposed Mineral Resources Rent Tax (MRRT) may take, if it is passed. Significant focus has also been given to potential transitional arrangements for introducing the MRRT and how it may affect differing resource companies' financials.
    AustraliaEnergy and Natural Resources
    Clayton Utz
    Clayton Utz
  • Article

    Men At Work's copyright appeal over Kookaburra doesn't work so well in Full Federal Court

    Men At Work and EMI have lost once again in the copyright dispute over "Down under" and "Kookaburra sits in the old gum tree" after the Full Federal Court dismissed their appeal against a finding of copyright infringement (EMI Songs Australia Pty Limited v Larrikin Music Publishing Pty Limited [2011] FCAFC 47 ).
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Convergence Review announced

    On 14 December, Senator Conroy released draft Terms of Reference for a comprehensive review of Australia's communications and media regulation in light of increasing convergence in media platforms (Convergence Review). The Government's stated intention is to fundamentally review the policy and regulatory frameworks that apply to the media and communications landscape.
    AustraliaMedia, Telecoms, IT, Entertainment
    Clayton Utz
    Clayton Utz
  • Article

    National Broadband Network - Statement of Expectations and Corporate Plan released

    On 20 December 2010, the Government released a Statement of Expectations for NBN Co and its final response to the Implementation Study. The Statement covered key areas of network design and coverage, confirmation of funding arrangements and provision of calls to emergency services.
    AustraliaMedia, Telecoms, IT, Entertainment
    Clayton Utz
    Clayton Utz
  • Article

    The last days of Part 3A - and NSW planning laws to be reviewed

    No more applications for developments will be accepted under Part 3A of NSW's Environmental Planning and Assessment Act, and Part 3A will be repealed when Parliament returns, fulfilling an election promise by the incoming Premier Barry O'Farrell.
    AustraliaReal Estate and Construction
    Clayton Utz
    Clayton Utz
  • Article

    How can government offer tax incentives in its contracts with private parties?

    Governments might want to offer a range of incentives when contracting with private parties, but what are the relevant limitations? Can a Government promise tax relief in a contract – and is such a promise enforceable? The High Court has usefully clarified some of these issues in Port of Portland Pty Ltd v Victoria [2010] HCA 44 (8 December 2010).
    AustraliaTax
    Clayton Utz
    Clayton Utz

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