Business Law and Corporate Law

A company constitution is often treated as an internal governance document, but when it conflicts with the Corporations Act 2001 (Cth) (Act) or is applied in a way that affects shareholder rights, it can become central to a dispute. For directors and shareholders, these inconsistencies can create uncertainty around the validity of corporate decisions and, in some cases, form part of a broader claim of unfair or oppressive conduct.

Queensland pharmacy business owners face a critical 2 November 2026 deadline to apply for QPBOC licensing under the new Pharmacy Business Ownership Act 2024. Many ownership structures involving discretionary trusts, companies, or non-practising pharmacists may be non-compliant, yet waiting to restructure before applying could prove costly. Understanding the material interest requirements, compliance pathways, and strategic advantages of early application is essential for protecting your pharmacy business.

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.

Selecting the right corporate immigration law firm in Australia requires understanding the intersection of regulatory compliance and commercial workforce reality. This guide examines the evaluation criteria that matter most for HR managers, in-house counsel, and executives managing 482 visa sponsorship, Subclass 186 permanent residency pathways, and ongoing sponsor compliance obligations.

The Fair Work Ombudsman has launched Federal Court proceedings against an IGA franchisee in regional NSW, alleging systematic underpayment of a Nepalese visa holder and falsification of records to conceal the violations. The case highlights how wage compliance failures can trigger both Fair Work penalties and immigration sponsorship breaches, with directors facing personal liability for their involvement in the alleged contraventions.

The Administrative Review Tribunal’s decision on Bunnings’ use of Facial Recognition Technology (FRT) in February this year may have gone under the radar for government lawyers given the affected organisation was a retail giant and the scenario appeared unrelated to the day-to-day activities of an Australian government agency.

Australia's mandatory merger notification regime, which began in January 2026, is already facing proposed amendments just six months into operation. The government seeks to refine key aspects including how non-notified acquisitions are handled, extending clearance periods, and clarifying notification requirements for minority investments.

The 2026–27 Budget's capital gains tax (CGT) reforms are the most significant recalibration of the investor tax base in 25 years. For gains accruing from 1 July 2027, the 50 per cent CGT discount available...

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.

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.

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.

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.