Australia: Corporate/Commercial Law

Discusses how the latest changes to ancillary fund regulation (soon to be renamed 'giving funds') could reshape your charitable giving & affect Australian charities.

This article will explore the legal framework for manufacturing agreements.

Key points from OAIC guidance on how NFPs can comply with the Australian Privacy Principles.

Australia’s new merger control regime has been in force since 1 January 2026, with the ACCC noting it is ‘off to a positive start’.

Justice Lee's recent Star Entertainment decision has sparked questions about its implications for mergers and acquisitions activity.

The recent Ausmincon/Afry scheme has reignited debate over naked no vote break fees in Australian M&A transactions. While these fees have been largely absent from public deals for the past decade, the Court's decision reconfirms they are not inherently coercive and need not be minimal. What factors enabled this $1 million break fee—exceeding 1% of equity value—to withstand judicial scrutiny?

Australia’s new merger control regime has been in force since 1 January 2026, with the ACCC noting it is ‘off to a positive start’.

Once the (metaphorical) champagne is popped and both parties sign on the dotted line, attention typically shifts to delivery. At this point, the contract is often relegated to the figurative bottom draw...

From 22 January 2026, Australia’s new Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 creates serious criminal liability for anyone who funds, supports, or promotes prohibited hate groups. Businesses are not exempt. The Act’s broad definitions of ‘support’ and ‘funding’ mean that ordinary commercial activity, from charitable donations to supplier contracts, can now carry criminal risk.

In this episode of the Herbert Smith Freehills Kramer 'Tax Bites' podcast, host Toby Eggleston alongside Professor Graham Cooper and fellow partner Ryan Leslie, explore the complexities...

The Early-Stage Venture Capital Limited Partnership (ESVCLP) regime was introduced in 2007 to stimulate the early-stage venture capital sector in Australia.

Key issues to consider when calculating the financial terms of your capital raise as a startup founder.