Business Law and Corporate Law

When a target board tells shareholders that a takeover offer materially undervalues the company, it must do more than state an opinion. Australian takeover law requires boards to explain their reasoning...

Following ASIC’s release of ASIC Corporations (Listed Entities Enhanced Beneficial Ownership) Instrument 2026/482 (Instrument) and its revised Guidance Notes1, we now have a clearer understanding...

Australian financial markets face a fundamental shift in disclosure requirements from December 2026, as new rules expand substantial holding obligations beyond traditional voting interests to capture derivative positions and economic exposure. Market participants must now navigate complex calculations involving physically settleable derivatives, cash-settled instruments, and offsetting short positions—with no grandfathering for existing holdings.

Senior leaders from Australia's not-for-profit sector gathered to discuss the evolving challenges and opportunities facing their organisations in 2026. The boardroom lunch explored critical issues including governance frameworks, regulatory compliance, workforce sustainability, NDIS reform, and the strategic implications of artificial intelligence and data management for charitable organisations navigating an increasingly complex operating environment.

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.

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..

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...

Employee share schemes can become complicated assets in property settlements, especially when equity vests after separation. Australian family courts treat unvested options, performance rights and bonuses differently depending on timing and conditions, with case law pulling in conflicting directions on whether they constitute divisible property or merely financial resources.

A licensing agreement lets one business use intellectual property another business owns, without transferring ownership. Companies in the same group in New Zealand often share a brand or a system with nothing in writing. Each company remains a separate legal entity under the Companies Act 1993, regardless of who owns the shares. An undocumented arrangement gives the user no right it can prove and no right it can defend. That gap shows up when a shareholder falls out, an entity sells, or a liquidator arrives.

The Australian Treasury has released exposure draft legislation detailing the implementation of a 30% minimum tax on discretionary trusts, introducing a new election regime that allows trusts to nominate fixed distribution entitlements and avoid the minimum tax. While the draft addresses stakeholder feedback and provides rollover relief for restructuring, it presents complex compliance requirements, strict limitations on beneficiary variations, and potential resettlement issues that may create challenges

Last year, we wrote an article about how scheme booklets are becoming increasingly lengthy and potentially difficult for many shareholders to easily digest.