Oceania: Corporate/Commercial Law

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.

When a company enters liquidation, directors often assume their responsibilities have ended. However, they retain critical statutory obligations to assist the liquidator, provide company records, and respond to inquiries about the company's affairs. Understanding these continuing duties is essential, as failure to cooperate can result in penalties, court orders, and potential personal liability.

For many business owners, the prospect of insolvency raises a confronting question about their future eligibility to serve as company directors. While business failure can be a difficult experience...

In Australian corporate insolvency law, administration is a formal process under Part 5.3A of the Corporations Act 2001 (Cth). An external administrator is appointed to take control of a company while its business, property, affairs and financial circumstances are investigated and creditors consider the company’s future.

Queensland's Uniform Civil Procedure Rules establish specific triggers for when pleadings close in civil proceedings, with significant implications for disclosure obligations and the scope of evidence parties may present. Understanding whether closure occurs 14 days after defence service or immediately upon reply service determines critical procedural deadlines and shapes the strategic decisions parties must make about responding to new allegations raised in opposing pleadings.

Queensland's statutory interest rates for unpaid debts vary by judgment type and period, with default judgment rates currently at 8.35% per annum and judgment-debt rates at 10.35% per annum for July-December 2026.

Manufactured home estates can offer an affordable pathway to home ownership, but they operate differently to a traditional property purchase. Understanding the unique ownership structure, ongoing site fees, and legal obligations is essential before committing to a purchase in a land-lease community.

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.