Business Law and Corporate Law

Senior leaders from Australia's not-for-profit sector gathered to discuss the evolving challenges and opportunities facing their organisations in 2026. The boardroom lunch explored critical issues including governance frameworks, regulatory compliance, workforce sustainability, NDIS reform, and the strategic implications of artificial intelligence and data management for charitable organisations navigating an increasingly complex operating environment.

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.

A NSW case revolved around the question of whether or not a man had revoked a will, and whether his intentions were better reflected by a newer, unsigned will.

Bankruptcy restrictions in Australia govern what undischarged bankrupts can and cannot do during the typical three-year bankruptcy period. While most people can continue working and earning income, they must obtain written trustee consent before overseas travel, disclose bankruptcy for transactions above the indexed threshold, and refrain from managing corporations without court leave. Understanding these restrictions—from employment and business operations to credit disclosure and asset dealings̵

When a company enters liquidation, directors often assume their responsibilities have ended. However, they retain critical statutory obligations to assist the liquidator, provide company records, and respond to inquiries about the company's affairs. Understanding these continuing duties is essential, as failure to cooperate can result in penalties, court orders, and potential personal liability.

For many business owners, the prospect of insolvency raises a confronting question about their future eligibility to serve as company directors. While business failure can be a difficult experience...

Bankruptcy restrictions in Australia govern what undischarged bankrupts can and cannot do during the typical three-year bankruptcy period. While most people can continue working and earning income, they must obtain written trustee consent before overseas travel, disclose bankruptcy for transactions above the indexed threshold, and refrain from managing corporations without court leave. Understanding these restrictions—from employment and business operations to credit disclosure and asset dealings̵

If you are an in-house lawyer, your team might face ongoing pressure to cut legal spending. As explored in Part 1 of this series, your team can achieve this by re-aligning the focus of the legal function with core business objectives. Narrowing the focus to core activities doesn’t mean that the secondary, ‘peripheral’ legal activities of an in-house team simply fall away. Although peripheral to core business objectives, these activities are still needed for the business to function.

When a target board tells shareholders that a takeover offer materially undervalues the company, it must do more than state an opinion. Australian takeover law requires boards to explain their reasoning...

The Australian Treasury has released exposure draft legislation detailing the implementation of a 30% minimum tax on discretionary trusts, introducing a new election regime that allows trusts to nominate fixed distribution entitlements and avoid the minimum tax. While the draft addresses stakeholder feedback and provides rollover relief for restructuring, it presents complex compliance requirements, strict limitations on beneficiary variations, and potential resettlement issues that may create challenges

Last year, we wrote an article about how scheme booklets are becoming increasingly lengthy and potentially difficult for many shareholders to easily digest.

Joint venture exit risk is no longer determined primarily by formal exit rights, but by whether the underlying confidentiality, information access and governance frameworks can operate effectively in a live sale process. Where they cannot, transaction outcomes – including price, timing and even viability – become materially exposed.