Australia: Corporate and Company Law

ASIC can pursue greenwashing enforcement even where investors suffer no direct financial loss, as demonstrated by the $12.9 million penalty in ASIC v Vanguard.

Delegating your reporting obligations to a third party does not transfer your regulatory accountability. Across all major regimes, the reporting entity remains ultimately responsible for the accuracy, completeness, and timeliness of submitted data

When two individuals are engaged as a single, inseparable commercial asset, what happens when that relationship breaks down? Who has breached: the person who walks away, the person who remains, or the organisation that can no longer deliver the product it contracted for? And how do those questions shift when the dispute plays out publicly?

As the 2026 financial year draws to a close, accountants and tax advisors face a critical juncture where year-end reporting often reveals hidden insolvency indicators in financially distressed companies. This analysis explores the warning signs embedded in EOFY financials, the personal exposure risks directors face through loan account arrangements, and the importance of early intervention strategies to protect stakeholders and explore restructuring options before a crisis unfolds.

When a company enters Voluntary Administration, one of the administrator's first critical decisions is whether to continue trading the business. This decision involves careful evaluation of multiple factors including business viability, available resources, potential restructuring proposals, and the possibility of selling the business as a going concern.

Australia's new mandatory merger notification regime, effective 2026, fundamentally changes how serial acquisitions and roll-up strategies are regulated by aggregating multiple smaller deals over a three-year period. The Australian Competition and Consumer Commission now examines patterns of incremental consolidation collectively rather than viewing individual transactions in isolation, requiring acquirers to plan earlier and account for the cumulative impact of their acquisition programs.

In this episode of It Depends, associate Sacha Robinson explains how to choose the right jurisdiction for your trust.

US technology, pharma, and life science companies establishing Australian subsidiaries to access R&D tax incentives face complex international tax challenges. When intercompany agreements are drafted without proper coordination between US transfer pricing rules and Australian R&D Tax Incentive requirements, companies risk significant IRS exposure including platform contribution payment obligations, cost reallocations, and penalties that can exceed the intended tax benefits.

In a significant ruling for insolvency practitioners, the NSW Supreme Court granted liquidators their full remuneration claim of $645,470.40 without any discount, demonstrating the judiciary's willingness to approve substantial fees when supported by thorough documentation.