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Clayton Utz | Australia | 27 Oct 2016

Restraint unenforceable - CFO free to jump ship to fierce rival

Clauses which are too broad are unlikely to be enforceable, as they are unreasonably restrictive on the employee's ability to obtain other employment


Clayton Utz | Australia | 18 Aug 2016

The heat is on: more commercial properties swept up in energy efficiency rules

More commercial properties will need NABERS ratings and Building Energy Efficiency Certificates from 1 July 2017. More owners and landlords must


Clayton Utz | Australia | 22 Jul 2016

ASIC review of IPO due diligence practices finds poor due diligence linked to defective disclosure

On 14 July 2016, ASIC released ASIC Report 484: Due diligence practices in initial public offerings (REP 484). REP 484 sets out the key findings of


Clayton Utz | Australia | 21 Jul 2016

Making a public interest immunity claim? New guidance on what you need to consider

Recent public interest immunity cases give useful guidance for government entities who may be contemplating a claim in the future. Document


Clayton Utz | Australia | 28 Apr 2016

Implications of the Dallas Buyers Club v iiNet decisions

The Dallas Buyers Club v iiNet decisions may have broadened the law on who can sue for copyright infringement, and could set more hurdles for future


Clayton Utz | Australia | 4 Feb 2016

Pulling off a painless document extraction for disclosure, Part 1

It is important at an early stage to understand the duty of disclosure and the sources of potentially relevant documents. Disclosing documents in


Clayton Utz | Australia | 5 Feb 2015

Seeking preliminary discovery in Commercial Arbitration

The past four years have seen a number of changes to both State and Federal arbitration laws in a concerted effort to align Australian arbitration


Clayton Utz | Australia | 21 Nov 2013

High Court rules on inadvertent disclosure of privileged material in discovery

In the high-pressure context of litigation, errors can occur, but now the High Court has ruled on whether a party can undo an inadvertent disclosure


Clayton Utz | Australia | 22 Nov 2012

Known unknowns: discovery and particulars of group members in class actions

Particulars and discovery are more likely to be ordered when needed to assist in a mediation as the provision of more accurate and complete information will facilitate rational bargaining which was more likely to lead to rational settlements.


Clayton Utz | Australia | 10 May 2012

A lesson from the bench: more detail on disclosure in the equity division

We now know more about how the Supreme Court's new Practice Note SC Eq 11 will operate, following a forum with Chief Justice Bathurst, Chief Justice Bergin in Eq, and Justices Brereton and Hammerschlag at the Court on 30 April.

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