Australia: Corporate/Commercial Law

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.

Australia's foreign resident capital gains tax regime is undergoing its most significant expansion since 2006, with new rules commencing October 2026 that will fundamentally reshape how M&A transactions involving land-connected assets are structured and executed. The changes introduce a 365-day look-back test for determining whether shares or units constitute indirect Australian real property interests, broaden the definition of taxable Australian real property to capture energy, infrastructure and data-cen

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...

Australia's M&A market demonstrated resilience throughout FY2025-26, with quality assets attracting strong investor interest despite geopolitical uncertainty and cautious financing conditions. Middle-market activity remained steady, private capital continued to shape dealmaking, and foreign investors showed particular interest in healthcare, technology, and energy sectors. What factors will drive transaction activity in 2027, and how can businesses position themselves to capitalize on emerging opportunities

Recent Australian workplace reforms have fundamentally altered enterprise bargaining dynamics, introducing new mechanisms like intractable bargaining determinations and expanded Commission powers to amend agreements. How should employers navigate these changes to develop effective bargaining strategies while managing risks associated with mandatory terms, genuine agreement principles, and the better off overall test?

Sponsor obligations and work rights checks carry real penalties, and Home Affairs can monitor your compliance. This comprehensive checklist helps employers identify and address compliance gaps across their sponsored workforce before an inspector arrives.

Treasury proposes enhanced data collection for managed investment schemes following recent fund collapses, while ASIC intensifies scrutiny of private credit products through interim stop orders...

Last month’s National Vintage Report put the 2026 crush at just 1.27 million tonnes, down 19% year-on-year, the smallest harvest this century. Red production collapsed by 29%, and exports declined to their lowest level since 2004.

Capital raising is often treated as a discrete event – a round closes, the money lands, and the business moves on. However, for some start-ups and scale-ups, raising capital is a long-term lifecycle decision: each raise shapes the next one, and early decisions around structure, disclosure settings and investor rights can compound over time.

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.