Business Law and Corporate Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.
Article
Frustration Of Contract Explained: Can You Legally Walk Away?
Frustration of contract is widely misunderstood in Australian law, with many assuming contracts automatically end when circumstances become difficult or expensive. This guide examines the strict legal test applied by Australian courts, explaining when supervening events truly discharge contractual obligations and why financial hardship, increased costs, and commercial difficulties typically fall short of the frustration threshold.
Australia Commercial
SL
Stonegate Legal
Article
Mobile Asset Minority Shareholder Successfully Challenges Drag-along Provisions Before The Takeovers Panel
In Mobile Asset Holdings Ltd [2026] ATP 7, the Takeovers Panel considered a situation where the Board, directors of which represented 50%+ of the shareholdings in the company, put a resolution to shareholders for a constitutional amendment which would enable them to compel all shareholders to sell their shares (aka drag-along rights) without the usual guardrails. This blank cheque approval request was most likely going to be approved, given the voting majority who benefited from it were themselves voting, but for the successful application to the Takeovers Panel of an individual applicant.
Australia Commercial
KL
Herbert Smith Freehills Kramer LLP
Article
Some Lessons From The Humm Situation
When a takeover proposal is received, the board must rigorously assess whether any director has a personal interest that could be affected by the outcome of the proposal. If there is any reasonable perception of a lack of independence — even if the director believes they can act impartially — that director should be excluded from the board's consideration of the matter and an independent board committee should be formed.
Australia Commercial
KL
Herbert Smith Freehills Kramer LLP
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Franchising

Venture Capital

Article
Startup, Stand Down? The Impact Of CGT Changes On Defence Innovation
Australia's proposed capital gains tax reforms may inadvertently undermine government efforts to strengthen sovereign defence capability and innovation. As the nation faces increasing global instability and supply chain vulnerabilities, changes to the CGT regime could discourage investment in defence-focused startups precisely when such investment is most critical to national security objectives.
Australia Tax
CC
Corrs Chambers Westgarth
Article
Federal Budget 2026-27: What Investment Fund Managers Need To Do
The 2026-27 Federal Budget introduced the most significant capital gains tax reforms in 25 years, replacing the 50% CGT discount with cost base indexation and a 30% minimum tax. Combined with new ASIC instruments on stamp duty and portfolio holdings disclosure, investment fund managers face coordinated disclosure, operational and structural challenges requiring substantial work over the next 12 to 18 months.
Australia Finance
HR
Holding Redlich
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Shareholders

Article
Mobile Asset Minority Shareholder Successfully Challenges Drag-along Provisions Before The Takeovers Panel
In Mobile Asset Holdings Ltd [2026] ATP 7, the Takeovers Panel considered a situation where the Board, directors of which represented 50%+ of the shareholdings in the company, put a resolution to shareholders for a constitutional amendment which would enable them to compel all shareholders to sell their shares (aka drag-along rights) without the usual guardrails. This blank cheque approval request was most likely going to be approved, given the voting majority who benefited from it were themselves voting, but for the successful application to the Takeovers Panel of an individual applicant.
Australia Commercial
KL
Herbert Smith Freehills Kramer LLP
Article
Some Lessons From The Humm Situation
When a takeover proposal is received, the board must rigorously assess whether any director has a personal interest that could be affected by the outcome of the proposal. If there is any reasonable perception of a lack of independence — even if the director believes they can act impartially — that director should be excluded from the board's consideration of the matter and an independent board committee should be formed.
Australia Commercial
KL
Herbert Smith Freehills Kramer LLP
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Trusts

Video
It Depends – What Are The Proposed Changes To The Taxation Of Discretionary Trusts In The 2026 Federal Budget? (Video)
The Australian federal government's 2026 Budget introduces significant changes to discretionary trust taxation, implementing a minimum 30% tax rate at the trust level from July 2028. While certain trusts including fixed trusts, charities, and existing testamentary trusts receive exemptions, new discretionary testamentary trusts face strict requirements limiting beneficiaries to individuals only. Understanding these proposed reforms and their implications for asset protection, estate planning, and business s
Australia Tax
CG
Cooper Grace Ward
Article
Asset Protection And Bankruptcy In Australia
Australian bankruptcy law grants trustees powerful tools to investigate and reverse asset transfers made before bankruptcy. Understanding the distinction between legitimate long-term planning and transactions designed to defeat creditors is critical, as the timing, consideration, relationships, and statutory provisions governing recovery can determine whether pre-bankruptcy arrangements will withstand scrutiny under the Bankruptcy Act 1966.
Australia Insolvency
SL
Stonegate Legal
Article
Bendel – The High Court Has Spoken, But Is This The Final Word On Taxation On Unpaid Present Entitlements?
The High Court of Australia has delivered its landmark judgment on whether unpaid present entitlements from a trust to a corporate beneficiary constitute a loan under Division 7A of the Income Tax Assessment Act 1936. This decision resolves a critical question that has significant implications for how trusts structure distributions to corporate beneficiaries and whether such arrangements trigger deemed dividend treatment under Australia's tax integrity provisions.
Australia Tax
PA
Piper Alderman
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Franchising

Article
Part 6: Independent Legal Advice For Franchise Buyers: Negotiation And Committing With Clarity
By the time the evaluation is done, the remaining task is to commit well: to take advice that is substantive rather than a formality, to ask for clarification even where negotiation is unlikely, and to carry the disciplines of due diligence into the operation of the business. None of it removes risk, but together these change the character of the risk you accept.
Australia Commercial
Whelan Lawyers
Article
Part 5: The Franchise Premises Lease, Capital Expenditure, And Exit Exposures Overlooked By Buyers
Buyers tend to study the start of a franchise relationship in detail and give far less attention to three exposures that sit slightly out of view: the premises the business trades from, the capital the franchisor can require you to spend after you have signed, and the provisions that govern how the relationship ends. Each is capable of reshaping the economics of the deal, and each is easier to address before you commit than after.
Australia Commercial
Whelan Lawyers
Article
Part 4: The Franchise Agreement And The Code: Terms That Shape Your Market And Margins
If financial due diligence tests whether the opportunity adds up, the franchise agreement tests what you are actually agreeing to. Around that agreement the Code builds a framework of protections, and within it sit a handful of clauses that will shape your market and your margins for the life of the relationship. Both deserve closer reading than they usually receive.
Australia Commercial
Whelan Lawyers
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