Australia: Corporate and Company Law

Effective estate planning looks beyond the Will to consider how assets are owned and controlled, how family and business structures will operate after death or incapacity, and whether existing family expectations or arrangements may create future risks..

Trust structures can protect assets held for others, but they do not shield a bankrupt person's own entitlements, trustee indemnity rights, or transfers made to defeat creditors. The deed, financial records and transaction history determine whether trust property remains outside the bankruptcy estate or becomes available to creditors through beneficial interests, indemnity claims, or voidable transaction recovery.

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Obtaining certainty of being classified as a ‘fixed trust’ is now more important than ever for fund managers as the trustees of most non-fixed trusts are proposed to be subject to a 30% minimum tax from 1 July 2028.

The paper examines key Australian tax issues bearing on the current Australian M&A market including the proposed reforms to Australia's foreign resident capital gains tax regime, the tax treatment of contingent consideration and earnout arrangements, and the use of capital gains tax roll-overs in recent M&A transactions.

Australia's privacy framework is undergoing its most significant transformation in nearly four decades with the release of the Privacy Amendment (Personal Data Protection) Bill 2026. The Bill introduces a new "fair and reasonable" test for handling personal information, establishes a controller-processor framework, and creates a right of erasure for large digital platforms. Core definitions including personal information, sensitive information, consent, and de-identification are being comprehensively overha

When you invest your time, money and energy into a company, you expect to be treated fairly and to have your rights as a shareholder respected. But what happens when those rights are ignored, or worse, actively undermined? Shareholder oppression is a serious issue that can have significant financial implications. If you suspect that your rights are being compromised, it’s important to act promptly to protect your interests.

In this June 2026 issue of Council Connect, we explore how NSW councils are responding to growing pressures and evolving expectations, with practical insights into recent legal and regulatory changes, and proudly recognise Special Counsel Mary-Lynne Taylor AM on her inclusion in the King’s Birthday Honours List.

Australia’s health and life sciences sector is growing rapidly, and with that growth comes a more complex web of legal exposure for the organisations that operate within it. The recent Bartier Perry panel event, Health and Life Sciences: Research Integrity Under the Microscope, explored how failures in data and research integrity translate into real-world risk.