Business Law and Corporate Law

For most successful business owners, franchising sounds like a natural next step. The business works, the brand has traction, and the margins look sound enough to share. What the growth plans rarely account for is that franchising is not simply an expansion strategy. It is a change in what you do for a living.

Franchising in Australia operates under a well-developed legal regime. The Franchising Code of Conduct, which has the force of law under the Competition and Consumer Act 2010 (Cth), sets minimum standards for disclosure, franchise agreements, and the conduct of the franchise relationship.

Most prospective franchisors are focused, reasonably enough, on the beginning; the first territory, the first franchisee, the first year of trading. The exit is, at best, a distant abstraction. But the decisions made at the outset of a franchise system shape the value of that system more than almost any other factor, and by the time a founder is actively preparing for sale, most of the choices that will determine the valuation have already been made. The exit is not an event at the end of the journey. It is a design principle that either runs through the system from day one, or does not.

Certain obligations, including tax, superannuation, workplace safety and environmental compliance, can apply directly to directors even where work is outsourced.

As investor involvement and expectations increase, startups and SMEs are seeing more shareholder activism. This can include investors challenging business decisions or raising concerns about governance. Companies need to understand the legal framework and manage these issues carefully to protect the business and maintain investor confidence.

This briefing note sets out an overview of the Full Federal Court's decision in Reiche v Neometals Ltd [2026] FCAFC 53. The decision is significant as the first appellate authority to consider...

As investor involvement and expectations increase, startups and SMEs are seeing more shareholder activism. This can include investors challenging business decisions or raising concerns about governance. Companies need to understand the legal framework and manage these issues carefully to protect the business and maintain investor confidence.

The 2026-27 Federal Budget introduced the most significant capital gains tax reforms in 25 years, replacing the 50% CGT discount with cost base indexation and a 30% minimum tax. Combined with new ASIC instruments on stamp duty and portfolio holdings disclosure, investment fund managers face coordinated disclosure, operational and structural challenges requiring substantial work over the next 12 to 18 months.

A number of companies listed on the Australian Securities Exchange (ASX) can expect to be captured by new mandatory sustainability reporting requirements as of this financial year.

On 27 March 2024, Australia's climate disclosure regime moved a significant step closer to implementation, with the federal government's introduction of proposed legislation into Parliament.

The Australian Government recently released an exposure draft of the legislation to implement mandatory climate-related financial disclosures (Draft Legislation).

On 14 November 2023, the Australian Government released what is described as the first of three tranches of proposed draft legislation implementing the QAR recommendations.