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.

Author
Categories
Archive

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More
Federal Taxes, Taxation, Business Law Kseniia Gasiuk Federal Taxes, Taxation, Business Law Kseniia Gasiuk

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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