Business Law and Corporate Law

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.

Time and time again, the statutory minority oppression regime under the Corporations Act 2001 (Cth) (Act) is a relevant issue that shows up in different forums.

Discusses how the latest changes to ancillary fund regulation (soon to be renamed 'giving funds') could reshape your charitable giving & affect Australian charities.

The foreign financial services provider regime introduces three new exemptions and mandatory ASIC notification requirements, commencing April 8, 2027. Firms providing services that touch Australia—even offshore—face timing risks as existing relief expires March 31, 2027. Understanding eligibility pathways and operational readiness for the transition window is now critical for foreign financial services providers.

On 26 June 2026, the Federal Court of Australia delivered judgment in Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited [2026] FCA 832, ordering Mercer Superannuation (Australia) Limited (MSAL) to pay $10.3 million in penalties and $1.2 million in costs.

The Full Federal Court's decision in Crowley v Worley Limited marks a pivotal shift in Australian securities class action law by endorsing market-based causation and lowering evidentiary thresholds for proving shareholder loss. This landmark ruling, combined with the earlier Brambles decision, fundamentally alters the risk landscape for ASX-listed companies and their insurers.

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.

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.

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...

Non-party disclosure in Queensland is a tightly controlled procedural tool that allows a litigant to obtain documents from a person who is not a party to the proceeding, but only where strict statutory requirements are met.

A builder can stop work for non-payment in Queensland, but only if they have a clear legal right to do so under either the construction contract or the Building Industry Fairness (Security of Payment) Act 2017 (Qld). Simply not being paid is not enough.

Can a director be personally liable for company debts in Australia? Yes! While the corporate structure generally protects directors through separate legal personality, that protection is not absolute.