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  • Article

    Foreign Account Tax Compliance Act (FATCA) effective date is fast approaching

    FATCA provisions were introduced by the US to combat tax evasion by US persons holding investments in non-US accounts.
    AustraliaTax
    Clayton Utz
    Clayton Utz
  • Article

    Subcontractors gain direct rights against principal contractors under NSW Security of Payment Act

    :Changes to NSW's security of payment laws mean you should review construction contracts now.
    AustraliaReal Estate and Construction
    Clayton Utz
    Clayton Utz
  • Article

    Health Claims And Food Products: A New Chapter In The P293 Saga

    Food Standards Australia New Zealand ("FSANZ") has recently released Proposal P293 Nutrition, Health & Related Claims Consultation Paper for first review.
    AustraliaConsumer Protection
    Clayton Utz
    Clayton Utz
  • Article

    Did You Know... How Time For Performance Is Calculated

    Calculating the time for performance of legal obligations requires careful consideration of the language of the document imposing the obligation.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Further Changes To Unfair Contract Terms Reform - And Vic Reforms Now Law

    Recognising that its draft provisions on unfair contract terms released last month have a very broad application to many standard business-to-business contracts, the Federal Government has announced some important exclusions in response to stakeholder feedback.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Court values non-pecuniary aspects of workplace

    The recent Federal Court decision in Quinn v Overland [2010] FCA 799 highlights the increasing recognition placed by courts on the importance of the non-pecuniary aspects of a workplace to employees.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    No need for compulsory arbitration in dispute settlement clauses in enterprise agreements

    The Full Bench of Fair Work Australia (FWA) has overturned the decision which held that a dispute resolution term in an enterprise agreement must allow for disputes to be settled by arbitration, whether the parties want to or not.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Renewable Energy Target Exposure Draft Legislation Released

    In 2001 Australia introduced the world's first mandatory renewable energy scheme, under which new renewable energy generators earned a credit for each megawatt-hour of renewable energy created.
    AustraliaEnergy and Natural Resources
    Clayton Utz
    Clayton Utz
  • Article

    Senate Passes Commonwealth CCS Bill And Provides Certainty On Long-Term Liability

    At the beginning of this week, the Senate passed the long awaited Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill (Cth). The Bill amends the Offshore Petroleum Act 2006 (Cth) and establishes a regulatory framework for greenhouse gas (GHG) capture and long-term geological storage (CCS).
    AustraliaEnergy and Natural Resources
    Clayton Utz
    Clayton Utz
  • Article

    Transferring Reporting Obligations Under The NGER Act - Update

    Amendments to the National Greenhouse and Energy Reporting Act 2007 have just been passed by the Federal Parliament, allowing reporting obligations to be transferred to an entity with financial control over a facility.
    AustraliaEnergy and Natural Resources
    Clayton Utz
    Clayton Utz
  • Article

    Reasonable Steps? A New Statutory Obligation On Mortgagees To Identify Mortgagors

    It is currently unclear whether the new NSW requirements will impose additional burdens on mortgagees.
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Article

    Full steam ahead for Adelaide to Darwin railway

    The recent sale of the Adelaide to Darwin railway project is a good example of commercial drivers and risk allocation on a PPP deal working as originally intended.
    AustraliaGovernment, Public Sector
    Clayton Utz
    Clayton Utz
  • Article

    Australia looks at banning patents for biological materials

    Australia could be about to ban the patenting of a wide range of biological materials, if the new Patent Amendment (Human Genes and Biological Materials) Bill 2010 is passed.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Copyright in medical records: where is the "independent intellectual effort"?

    . . . copyright does not automatically exist in a medical records such as prescriptions, health summaries, referral letters and consultation notes. She determined that the existence of copyright in a medical record must be determined on a case-by-case basis.
    AustraliaIntellectual Property
    Clayton Utz
    Clayton Utz
  • Article

    Contributory Negligence Post-Tort Law Reform

    A finding of contributory negligence still turns on a factual investigation of whether the plaintiff contributed to his or her own loss.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Could Government class action reforms make NSW the next hot-spot for class actions?

    Proposed changes to NSW's class actions laws could see it leap-frog the Federal and Victorian court systems to become the most popular forum for class actions in Australia.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Review Of The International Arbitration Act 1974 Announced

    On 21 November 2008, the Australian Government announced a review of the International Arbitration Act 1974 (Cth), an essential and welcome step in improving its operation and promoting Australia as a place for international arbitration.
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    “Execution” - Reference To Signature Or Performance Of Contract? (Italian Bottle Case No 2)

    In these proceedings, an Italian bottle manufacturer appealed a decision by the SA District Court to stay proceedings .
    AustraliaLitigation, Mediation & Arbitration
    Clayton Utz
    Clayton Utz
  • Article

    Government seeks comment on National Broadband Network Company draft laws

    The Federal Government has released drafts of the National Broadband Network Company (NBN Co) Legislation. They intend to garner feedback and, where necessary, refine the legislation.
    AustraliaMedia, Telecoms, IT, Entertainment
    Clayton Utz
    Clayton Utz
  • Article

    Spectrum licence reissue reforms to the Radiocommunications Act 1992 passed

    On 26 November reforms to the Radiocommunications Act 1992 (the Radcomms Act) were passed in relation to spectrum licence renewals. This follows announcements by the Minister for Broadband, Communications and the Digital Economy earlier this year that spectrum licence reissue will be considered for those existing 15 year spectrum licensees who are already using their spectrum licences to provide services to significant numbers of Australian consumers, or who have in place networks capable of pr
    AustraliaMedia, Telecoms, IT, Entertainment
    Clayton Utz
    Clayton Utz

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