Business Law and Corporate Law

The 2026–27 Budget's capital gains tax (CGT) reforms are the most significant recalibration of the investor tax base in 25 years. For gains accruing from 1 July 2027, the 50 per cent CGT discount available...

Employee share schemes can become complicated assets in property settlements, especially when equity vests after separation. Australian family courts treat unvested options, performance rights and bonuses differently depending on timing and conditions, with case law pulling in conflicting directions on whether they constitute divisible property or merely financial resources.

Environmental, Social, and Governance (ESG) factors measure how responsibly a company operates across its environmental impact, treatment of people, and standards of governance. As investors, customers, and employees demand greater accountability, ESG oversight has become a core board responsibility, not an optional add-on.

Capital raising is often treated as a discrete event – a round closes, the money lands, and the business moves on. However, for some start-ups and scale-ups, raising capital is a long-term lifecycle decision: each raise shapes the next one, and early decisions around structure, disclosure settings and investor rights can compound over time.

Perfecting a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA) is critical step for a secured party to ensure its security interest is not just enforceable against the grantor of the interest, but also against third parties. Perfection can occur by one of three ways: possession, control or registration on the PPS Register.

When setting up a charity, one of the most important early decisions is selecting the appropriate legal structure. This choice affects how the organisation is governed, its legal responsibilities, and its ability to grow and access funding. Two of the most common options are Incorporated Association (IA) and public Company Limited by Guarantee (CLG). However, each structure offers advantages and limitations depending on the charity’s size, scope, funding sources, and regulatory obligations.

In today's retail investment market, transaction success increasingly depends on the quality of execution rather than the asset alone. As buyers conduct deeper due diligence and price risk more carefully, shopping centre owners must proactively manage execution risk—from tenant documentation to regulatory approvals—to maintain competitive advantage and preserve transaction value.

This edition of the K&L Gates Competition and Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including greenwashing allegations, misleading pricing investigations, and record penalties for horticulture code breaches. The newsletter also covers significant merger reviews, authorisations for industry collaborations, and emerging regulatory developments affecting digital platforms and supply chain disruptions.

Against a backdrop of geopolitical uncertainty, regulatory change and economic volatility, Australian private M&A proved remarkably resilient in 2025. The return of the billion-dollar deal, sustained private capital deployment and an increased focus on deal certainty defined the market.

The security partnership represents a transformational opportunity, but the technology comes with regulatory and supply chain challenges.

The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.

In today's retail investment market, transaction success increasingly depends on the quality of execution rather than the asset alone. As buyers conduct deeper due diligence and price risk more carefully, shopping centre owners must proactively manage execution risk—from tenant documentation to regulatory approvals—to maintain competitive advantage and preserve transaction value.