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  • Article

    Acquittal Liability? Look To Financial Control

    The White Paper provides significantly more flexibility in relation to the allocation of acquittal liability within corporate groups, partnerships and joint ventures than was originally provided under the Green Paper.
    AustraliaEnergy and Natural Resources
    Clayton Utz
    Clayton Utz
  • Article

    Uniformity In Environmental Laws For Mining Leases

    >In and around the 1960s, numerous special Agreement Acts were passed by the government of the day to give greater certainty to mining companies who were making significant capital investments
    AustraliaEnergy and Natural Resources
    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

    Proposed Amendments To The Environmental Impact Assessment Process In Western Australia

    A new report suggests several changes to Western Australia's Environmental Impact Assessment Process, as Brad Wylynko and Monty Neate explain.
    AustraliaEnvironment
    Clayton Utz
    Clayton Utz
  • Article

    Vegetation Moratorium Extended And Great Barrier Reef Protection Bill Introduced

    On 8 April 2009 the Queensland Government announced a moratorium on the clearing of one million hectares of regrowth vegetation in the State.
    AustraliaEnvironment
    Clayton Utz
    Clayton Utz
  • Article

    Octaviar Appeal Dismissed

    On 1 September 2010 the High Court handed down its much anticipated decision in the appeal from Re Octaviar Ltd (No 7) [2009] QCA 282. The High Court, consisting of Chief Justice French, and Justices Gummow, Hayne, Kiefel and Bell, unanimously dismissed the appeal in Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd [2010] HCA 29.
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Article

    Patent Certification Registration/Listing Requirement to be Eased

    It is expected that by April 2006, following passage of the Therapeutic Goods Amendment Bill (No.2), most complementary medicine listing applications will no longer need to include a patent certification.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Clayton Utz
    Clayton Utz
  • Article

    Making Your Mind Up: How Long Does An Insurer Need To Decide To Pay Out On A Claim?

    A recent decision sheds some light on how long an insurer has to make its decision on whether a policy responds without being liable to pay interest (McConnell Dowell Middle East LLC v Royal & Sun Alliance Insurance plc (No 2) [2009] VSC 49).
    AustraliaInsurance
    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

    Stopping The Overseas Scammers

    Domestic law's limitations in dealing with Internet scams are well-known. When scams involve the use of domain names similar to registered trade marks, the mark's owner may have recourse through ICANN, but in the meantime consumers could still be deceived and harm done to the mark's reputation.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Inherently Dangerous Products - A Painful Cut

    An inherently dangerous product and a safe system of work were considered by the court.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Novus Actus Interveniens

    Criminal conduct of a third party constitutes a “novus actus interveniens”.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    “There Is Nothing That People Bear More Impatiently, Or Forgive Less, Than Contempt: And An Injury Is Much Sooner Forgotten Than An Insult.”1

    It is unusual for proceedings to be brought for contempt whether civil, which is punishable by fines, or criminal, which is punishable by imprisonment.
    AustraliaLitigation, Mediation & Arbitration
    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
  • Article

    International Arbitration Update: trends in the Asia-Pacific - Doug Jones, Clayton Utz, and Sally Harpole, Sally Harpole & Co

    Doug Jones, the head of Clayton Utz's International Arbitration group, and Sally Harpole from Sally Harpole & Co discuss the trends affecting the growth of international arbitration in the Asia-Pacific region.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Access to retailer of choice for Queensland embedded electricity networks - what now?

    All bills, including proposed amendments to the Electricity Act have lapsed until after the Queensland State Election.
    AustraliaEnergy and Natural Resources
    Clayton Utz
    Clayton Utz
  • Article

    Trans-Pacific Partnership deal finally concluded, for free trade in Asia-Pacific

    2018 has kicked off with agreement on the CPTPP, which will enhance trade among countries in the Asia-Pacific region.
    AustraliaInternational Law
    Clayton Utz
    Clayton Utz

Showing 361–380 of 3277 results

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