Sladen Thoughts

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Neil Brydges Neil Brydges

For Whom the Bendel Tolls: Division 7A, UPEs, and the loan myth – but is the story over?

The bell has tolled on the ATO's long-running argument that UPE is a "loan" under Division 7A. In FCT v Bendel [2026] HCA 18, a 5-2 High Court majority held that where a trustee's resolution effects a "setting aside" onto a separate trust, no loan arises under s 109D(3). The decision turns on the precise language of the trust deed and the resolution - and it changes the Division 7A calculus for every discretionary trust with a corporate beneficiary. This article covers the key issues practitioners need to act on now.

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Death, deceased estates, and family trust elections: Schedule 2F and succession

The death of a family trust's test individual creates significant difficulties under the family trust election (FTE) rules Schedule 2F. This article examines the FTE rules in the context of succession.

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Dirt Devils Cleaning Solutions Pty Ltd v Jim’s Group Pty Ltd: The Importance of Reading all Contractual Documentation

In the case of Dirt Devils Cleaning Solutions Pty Ltd v Jim’s Group Pty Ltd [2026] NSWSC 428, the New South Wales Supreme Court found that a franchisor was not liable for misleading and deceptive conduct in making purportedly ambiguous representations as to the contents of the Franchise Agreement where contractual documents were provided to the franchisor well in advance of execution and alongside an encouragement to obtain independent legal advice.

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Revesting disclaimed property – the case of Kalium Lakes Potash Pty Ltd (in liq) v Minister for Mines and Petroleum where a liquidator’s disclaimer was overturned

In Kalium Lakes Potash Pty Ltd (in liq) v Minister for Mines and Petroleum [2026] FCA 355, tenements disclaimed as onerous property were ordered to be revested to the plaintiffs so as to not prejudice creditors.

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Continuing proceedings against companies in liquidation: the power of public interest

The case of Secretary, Department of Health, Disability and Ageing v AG Therapeutics Pty Ltd [2026] FCA 333 emphases the significance of public interest in allowing claims against companies in liquidation to proceed. Read our article to find out more.

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Honest Concurrent Use After Zip Co: What the High Court's Decision Means for Your Brand

The High Court in Zip Co Limited v Firstmac Limited [2026] HCA 16 recently clarified when you can (and can't) rely on the defence of honest concurrent use for would be infringers of registered trade marks. We discuss what happened in the case, what the court held, and give you practical lessons/tips for your protecting your brand. 

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James Gao James Gao

Frizelle and Commissioner of Taxation – section 99B in action

In Frizelle and Commissioner of Taxation [2026] ARTA 752, the Administrative Review Tribunal considered whether distributions received by an Australian resident beneficiary from a chain of non-resident discretionary trusts were assessable under section 99B of the Income Tax Assessment Act 1936 (Cth).

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Empireal and the $1 Deal: Honesty, Insolvency and the Limits of Director Liability

When does a director cross the line? Re Empireal explores the fine line between legitimate crisis management and breach of duty as a director, helping directors and insolvency practitioners understand what it takes to stay on the right side of it.

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Good faith in franchising: how far does it stretch?

The Franchising Code of Conduct imposes an obligation of good faith on parties to a franchise agreement. The scope of this obligation can be particularly uncertain. This article breaks down how the courts have interpreted the requirement and what it means for your business.

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