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.

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 NSW Fair Trading and Building Legislation Amendment Bill 2026 has passed both houses and received assent, introducing significant reforms to building regulation and insurance requirements. Key changes include expanded coverage for Decennial Liability Insurance, enhanced powers for NSW Fair Trading and the Building Commission, and modifications to professional indemnity insurance exemptions for building practitioners. While some provisions take immediate effect, major reforms including the DLI expansion

The Federal Court has imposed a record $1 million personal fine on an executive for attempting to induce competitors into cartel arrangements in the oil and gas services industry, despite all five attempts failing. The Court also issued a non-indemnification order preventing the executive from using insurance or company funds to pay the penalty, marking a significant escalation in competition law enforcement.

ASIC has intensified its enforcement campaign against companies failing to lodge financial reports on time, issuing over $5 million in infringement notices and prosecuting repeat offenders in court. Foreign-owned subsidiaries and large proprietary companies face heightened scrutiny as ASIC deploys data-driven surveillance to identify non-compliant entities at scale.

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.