Australia: Corporate/Commercial Law

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.

Time and time again, the statutory minority oppression regime under the Corporations Act 2001 (Cth) (Act) is a relevant issue that shows up in different forums.

Australia’s new merger control regime reflects a series of conservative design choices that are expanding ACCC oversight of dealmaking and creating new regulatory risks reshaping how deal risk is managed in practice. Those settings are driving broad capture and increased process friction, shifting the central challenge for dealmakers from identifying transactions that raise substantive competition concern to navigating uncertainty around notifiability, timing and execution.

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.

Unfortunately, this is not always the case. However, with the introduction of Payday Super on 1 July 2026, understanding ongoing director liability has become even more important.

The Australian Fair Work Commission (the “Commission”) has released draft wording for a proposed work-from-home clause in the Clerks - Private Sector Award 2020. While the proposal is not yet finalized, employers with Australian operations should be mindful of the proposed change, as the Clerks Award is one of Australia's most widely applied awards with coverage extending to a broad range of clerical and administrative positions.

Following the High Court's clarification in Zip Co Limited v Firstmac Limited, Australian businesses face heightened expectations for conducting thorough trade mark searches before brand adoption.

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.

In part one of this series on preference share structure, we explored the basics of preference share structures in Australia. In part two, we deal with the legal, commercial and exit considerations that need to be considered when opting for a preference share structure.

Preference shares are a common financing tool used by Australian companies, particularly startups, growth businesses and venture-backed enterprises.