Sladen Thoughts
Stay up to date with Legal Industry news and updates. Sladen Legal provide regular updates on changes and news in the Australian Legal Industry.
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- Sladen Legal
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- Victor Di Felice
- Will Monotti
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Sladen Legal Lawyers Recognised in Best Lawyers® in Australia 2027 Edition
This year, ten of Sladen Legal’s lawyers have been recognised in the 2027 edition of The Best Lawyers® in Australia.
When Product Copying is Legal: Lessons from Bodum's Failed Bid to allege infringement of its Iconic Glass Design
Can a competitor lawfully copy your product design if your IP rights have expired? The recent Federal Court decision in Bodum AG v H.A.G. Import Corpn (Australia) Pty Ltd [2026] FCA 238 analysed this question – here’s what you need to know.
E&P Investments Limited v Keybridge Capital Limited: difficulties in clearing the “low bar” to offset a statutory demand
In E&P Investments Limited v Keybridge Capital Limited [2026] VSCA 5, the Victorian Court of Appeal allowed an appeal overturning a decision to set aside a statutory demand.
Unpacking the ACCC’s 2026-29 Strategy and the regulator’s priorities for the year ahead
The ACCC’s 2026–2029 Strategy (Strategy) reflects the regulator’s growing willingness to connect consumer protection with broader competition and productivity priorities, particularly in response to the mounting cost-of-living pressures and digital disruption impacting the economy.
Sladen Legal Property Team Recognised in Doyles Guide Victoria 2026
Sladen Legal is delighted to have been identified in the Doyles Guide 2026 listing of leading Victorian Property & Real Estate Law Firms - Victoria, 2026 as Recommended. This listing details firms practising within the areas of transactional, leasing and development matters in the Victorian legal market who have been identified by clients and peers for their expertise and abilities in these areas.
Sladen Legal’s approach to AML/CTF
From 1 July 2026, new federal anti-money laundering and counter-terrorism financing (AML/CTF) laws will require law firms like ours to complete extra checks before we can provide certain designated services. Read more about our approach.
Creditors voting rights on unliquidated or contingent claims: Re Mercon Group Pty Ltd
In Re Mercon Group Pty Ltd (subject to deed of company arrangement) [2025] NSWSC 1601, the Owners – Strata Plan No 93160 (Owners Corporation) had unresolved proceedings against Mercon Group Pty Ltd before Mercon went into voluntary administration.
Mergers of Australian businesses: ACCC action results in an undertaking effectively reversing part of a tech merger
The ACCC accepts an enforceable undertaking, effectively reversing a large part of a tech merger that had already settled.
A tale of safe harbour and misleading and deceptive conduct: lessons for directors and company officers
While company directors will generally be held personally liable for insolvent trading, the safe harbour provisions under section 588GA of the Corporations Act 2001 (Cth) (Corporations Act) provides protection, if certain conditions are met.
Breaking down the draft Unfair Trading Practices Bill: what the changes could mean for your business
In February, the Federal Government published a draft Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Cth). The draft proposes significant restrictions in relation to drip pricing, subscription contracts and unfair trading practices that manipulate, distort or detriment consumers. This article breaks down the major proposals and their effect on businesses.
Div 296 tax draft regulations released including the “after death” death tax
The draft regulations contain a number of measures including:
the formula to be used for SMSFs (supported by an actuarial certificate) when calculating a member’s relevant superannuation earnings (ie the amount of the fund’s assessable income that will be attributed to the member)
You’ve Claimed the Concessions – Now Get the Cash Out Smartly
The small business capital gains tax (CGT) concessions (Concessions) in Division 152 of the Income Tax Assessment Act 1997 (ITAA 97) offer significant opportunities to reduce or eliminate tax levied on capital gains. However, despite a recent judicial pronouncement that the Concessions should be interpreted beneficially, the legislative conditions for relief are intricate and complex.
Big end of town issues affecting SMEs
This paper equips SME and private-wealth advisers to identify when "big-end" corporate tax rules affect their clients and when to escalate to specialist advice. The five regimes covered are: Debt Deduction Creation Rules (DDCR), thin capitalisation, transfer pricing, hybrid mismatches, and taxation of financial arrangements (TOFA).
I Maintained My Trade Mark and I liked It! High Court Protects Australian Designer’s Trade Mark for “Katie Perry” in Battle with Pop Superstar Katy Perry
On 11 March 2026, the High Court of Australia handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5, allowing the appeal of Australian fashion designer Katie Jane Taylor and preserving her registered trade mark "KATIE PERRY" for clothing following an application to cancel the mark by world-famous pop superstar Katy Perry.
The New Era of Division 296
Stop the press on 11 February 2026, the Div 296 was introduced into parliament, now renamed to be Treasury Laws Amendment (Building a Stronger and Fairer Super System) Bill 2026. This paper was drafted before the introduction of the Bill to parliament. We have therefore modified the paper to take into account the relatively minor changes.
Contractual obligation to provide a guarantee from a parent company: Can these be enforced and against who?
When contracting parties agree that guarantees will also be provided, but the guarantor is not a party to the contract, is there an enforceable obligation to provide the guarantee? This article reports on the decision of the Supreme Court of Victoria of Boroondara City Council v ADCO Group Pty Ltd [2025] VSC 774 which had to consider this issue.
Auricht v A Committee: Disciplinary Sanctions for Liquidators Drawing Funds Without Authorisation
One of the key ways a liquidator receives remuneration is to draw these funds from the funds it accumulates in winding up the company to which they are appointed. However this can only occur in specific circumstances. The case of Auricht discusses the consequences for a liquidator if remuneration is not drawn in accordance with legislative requirements.
R.C. Land Management Pty Ltd – Supreme Court considers nature of trusts for Victorian land tax
The recent R.C. Land Management Pty Ltd v Commissioner of State Revenue [2026] VSC 49 has considered the nature of trusts for Victorian land tax purposes and whether the Commissioner can infer the existence of trusts and impose tax accordingly.
Tao – Supreme Court upholds VCAT decision. Changing the director of a trustee company can trigger landholder duty
The Victorian Supreme Court in its recent decision has refused the taxpayer leave to appeal the VCAT decision of Tao v Commissioner of State Revenue [2024] VCAT 637.
This upholds the decision of the Victorian Civil and Administrative Tribunal that imposed landholder duty on a change of shareholder and director of a trustee company and confirms the drastic widening of the landholder duty change of control provisions which no longer requires the acquisition of units or shares or any rights similar to share or unit ownership.
Can I appeal or object to a land tax assessment?
What happens if I get a land tax assessment or a vacant residential land tax assessment that I do not agree with? Can I appeal or object a land tax assessment or vacant residential land tax assessment?