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?

The Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Cth) (‘AML/CTF’, ‘the Amendment’) amends the Anti-Money Laundering and Counter-Terrorism Financing Act 2006...

US technology, pharma, and life science companies establishing Australian subsidiaries to access R&D tax incentives face complex international tax challenges. When intercompany agreements are drafted without proper coordination between US transfer pricing rules and Australian R&D Tax Incentive requirements, companies risk significant IRS exposure including platform contribution payment obligations, cost reallocations, and penalties that can exceed the intended tax benefits.

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’.

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.