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You’ve Got Foreign Super - Now What? Part 1 - Transferring to an Aussie Fund
Returning to Australia after working overseas? Here’s what to consider if you have retirement savings held abroad.
In Part 1 of our two-part series, we explore transferring overseas super or pension benefits into an Australian super fund, including eligibility, tax implications, contribution caps and other key considerations.
Factors for extending convening periods for administrations: lessons from the matter of Babyskin Laser & Cosmetic Clinic Pty Ltd”
In Olsen, in the matter of Babyskin Laser & Cosmetic Clinic Pty Ltd (Administrators Appointed) [2026] FCA 622 the Court considered an application to extend the time to convene a second meeting of creditors and analysed the relevant factors to assess. This article breaks down the decision and what the relevant factors are.
Personal liability for inactive directors: Kim v JM World AU Pty Ltd (in liq)
In the case of Kim v JM World AU Pty Ltd (in liq) [2026] NSWCA 146, the NSW Court of Appeal upheld the trial judge’s finding against two directors for breach of directors’ duties in relation to, among other things, transfers of company funds to overseas related entities while the company was insolvent. Notably, the Court was split on the liability of one of the directors, who was entirely inactive throughout the entire process, the majority ultimately upholding the trial judge’s ruling against her.
The Franchise Disclosure Register: What Franchisors Need to Know About Compliance
The Franchise Disclosure Register is an important component of Australia’s franchising regulatory framework, designed to promote transparency and assist prospective franchisees in making informed decisions
Can a ‘copy’ of a database be privileged where the original (and unmodified) database isn’t privileged or doesn’t even exist anymore? Lessons from a Federal Court ruling
In Greensill Bank AG v Insurance Australia, the Federal Court ruled that a ‘copy’ of a live database, used in the preparation of a privileged report, was itself privileged, irrespective of the privileged status (and existence) of the original version of the database.
From Bendel to Budget reform: Treasury targets trust tax planning
Family trusts, bucket companies, and UPEs are back in the spotlight. Treasury’s consultation paper on a 30% minimum tax for discretionary trusts gives tax advisers a short window to be heard.
Our preliminary thoughts on the Treasury Consultation paper on “minimum tax on discretion trusts’ are below.
ACCC v Grill’d – Misleading and Deceptive Conduct in “Greenwashing” Promotions
The ACCC has commenced proceedings in the Federal Court against Grill’d over alleged misleading and deceptive conduct for statements made in connection with the “Tree Day Tuesday” promotional campaign. Read here for details of what is alleged.
When that 1/10th of property law prevails over the 9/10ths of possession: A review of a recent decision concerning a failed claim for a constructive trust over a residential property
In Tsakmakis v Tsakmakis [2026] VSC 386, the Supreme Court of Victoria rejected a claim for a constructive trust over a residential property, the claimant having failed to establish that his parents promised him that the property would be his, sufficient to give rise to an estoppel by encouragement.
Unfair trading practices protections for small businesses - Federal Government seeks feedback
The Federal Government recently published a Consultation Paper on unfair trading practices protections for small businesses. In the below article, we summarise the Consultation Paper’s discussion points and key proposals under the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026.
The Government has announced modifications to its Budget proposals
Following first round consultation, the Government has announced an increase in the turnover threshold for the small business 50% active asset CGT reduction from $2m to $10m and, following the release of a consultation paper, further concessions for start-ups and early-stage investors. It has also confirmed that all testamentary trusts will be exempt from the minimum tax, with detail to follow in consultation.
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.
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.
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.
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.
Holiday homes after TR 2026/1: when renting out isn't enough?
TR 2026/1 finalised. Holiday homes that double as rentals face a new section 26-50 hurdle. The ATO denies ownership deductions unless the property is mainly rented out, and reserving peak weeks for family use is a red flag. Transitional relief ends 1 July 2026.
Testamentary Trusts under the proposed minimum tax: understanding the exclusion for existing assets
In the 2026–27 Federal Budget, the Government announced the introduction of a 30 per cent minimum tax on the taxable income of discretionary trusts, to commence from 1 July 2028.
The Minimum Tax on Discretionary Trusts: Bucket companies are worse than you think
Some early industry discussion on the 2026–27 Budget measure has suggested that the effective tax rate on trust income distributed to a bucket company will rise to around 51 per cent once the minimum tax commences on 1 July 2028.
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.
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.
The Botella warning: put your Division 7A loans in writing
The Tribunal highlights why a standalone written loan agreement may be best practice for Division 7A compliance.