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.

If you are looking for our papers and journal articles including Taxation in Australia, The Tax Institute and SMSF Association, these are available in our Sladen Smart Membership Platform, become a member or login to gain exclusive access.

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

Legal professional privilege: How safe are your documents in the hands of others?

Knowing about legal professional privilege (LPP), when it applies and how it can be protected (and lost) is not something that may be on everyone’s radar on a day-to-day basis; by the time it is, it is usually already too late.

This article looks at a recent decision of the Supreme Court of South Australia concerning LPP and how LPP can be held and treated by more than 1 person: PK v The Salesian Society Inc [2025] SASC 208.

Read More

Holidays are over and it’s back to business: 10 Income Tax Issues Set to Keep Us Busy in 2026

As the holiday season concludes and the countdown to another 30 June begins, we highlight 10 income tax issues that we expect will dominate the Australian private wealth landscape over the coming months.

Read More
Business Law, Taxation Phil Broderick Business Law, Taxation Phil Broderick

The new Div 296 draft legislation - Part 4 - issues identified with the new provisions

This is our fourth article on the draft legislation for the new Div 296. Our first article examined the core legislation; our second article examined the transitional rules and the third article considered the problem that arises for indirect assets. This article will examine other issues with the proposed new Div 296.

Read More
Business Law, Superannuation, Taxation Phil Broderick Business Law, Superannuation, Taxation Phil Broderick

The new Div 296 draft legislation - Part 3 - the big problem with indirect assets

This is our third article on the draft legislation for the new Div 296. Our first article examined the core legislation; while our second article examined the transitional rules. This article will examine how Div 296 will operate for indirect assets – for example where an SMSF holds assets via a unit trust or a company.

Read More

When warranties become an important tool for protection

Well drafted warranties offer purchasers protection by providing an avenue to seek recovery in the event that what is acquired turns out to be different than what it was represented to be by the seller.

This article looks at a case involving a share sale agreement and the outcome achieved when action was taken against the seller due to a breach of warranties offered in the share sale agreement to the purchaser.

Read More

Are companies caught by Anti-Corruption legislation under Australian law?

Over the past three years, the Australian Government has placed increasing significance on developing anti-corruption laws at both the domestic and international level. This article provides an overview of some of the legislation which govern this area in Australia, how corporations can be found liable and how to access guides to manage compliance.

Read More

Protecting Secured Interests: Important asset protection considerations from Jones (Admin) v Realtek

The interests of a secured party are not unfailing, and appropriate attention should be given to ensuring that they are placed to receive the best outcome from administration. The extent of this susceptibility was highlighted in the recent Federal Court decision of Jones (Admin) v Realtek Semiconductor Corp Nuheara Ltd (Admins Apptd) (No 1) [2025].

Where an arrangement undermines the entitlements of a secured creditor, consideration should be had to the benefits conferred by the arrangement on other creditors broadly, particularly where the alternative is liquidation.

Read More

Changela v Dracoma: On demand loans not unreasonable director-related transactions

The NSW Court of Appeal has affirmed on-demand loan repayments to shadow directors were reasonable where the company was solvent and the payments caused no detriment and as such do not constitute a breach of the unreasonable director related transaction provisions in section 588FDA of the Corporations Act.

Read More
Business Law, Taxation, Federal Taxes Alicia Hill Business Law, Taxation, Federal Taxes Alicia Hill

Bakers Delight Case: What Franchisors Need to Know About Workplace Liability

The Full Court of the Federal Court’s decision in Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144 provides insight into the interaction between franchisor liability and ‘reverse onus’ mechanisms in the Fair Work Act 2009 (Cth).

 

Specifically, the Federal Court confirmed that franchisors can be held legally responsible for workplace contraventions by franchisees, even where the case against the franchisee relies on a ‘reverse onus of proof’. Franchisors are recommended to implement proactive compliance systems across their networks to avoid liability.

Read More