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Submission: Minimum tax on discretionary trusts – exposure draft legislation
On 21 September 2026, Sladen Legal a submission with Treasury on the exposure draft of proposed minimum tax on discretionary trusts that was released on 3 September 2026.
A franchising joint venture gone wrong: key takeaways from SHRL Ventures Pty Ltd v Pedro-X Pty Ltd
Who does a franchisor deal with when the people invested in a franchise are in dispute? How do you exit a joint venture if there is an irretrievable breakdown of a relationship? What is the effect of documents that refer to obligations in other documents? What conduct amounts to duress and allows you to escape an agreement? The Supreme Court of Queensland handed down its decision in SHRL Ventures Pty Ltd v Pedro-X Pty Ltd [2026] QCA 119 which provides an example of a situation where these questions arise and how a court determined these issues. This article discusses what happened and some of the major takeaways for those who find themselves in similar circumstances. .
You’ve Got Foreign Super – Now What? Part 2 – 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 2 of our two-part series, we examine the option of withdrawing your overseas pension or superannuation as a lump sum, including when it may be available and the key tax implications to consider.
Minimum tax on discretionary trusts: the drafts arrive, the questions remain
Elect, restructure or pay 30%. Treasury's exposure drafts give trustees of discretionary trusts two ways to avoid the minimum tax, but both carry strict conditions. This article explains the new rules and tracks how they respond to the points we raised in our July submission to Treasury.
When artificial intelligence and the law collide: why using ChatGPT as your legal advice can lead to oppression
Artificial intelligence (AI) is an increasingly useful and ubiquitous tool. However, for the time being, some things may perhaps be better left for mortals. The recent decision in In the matter of Lanmar Pty Ltd (No 2) [2026] NSWSC 800 provides a stark example of the dangers associated with an overreliance on AI and the impacts it can have on corporate governance and the ownership of shares in a business.
This article explains where it all went wrong in the case of Lanmar, a defence contractor, and the lessons that ought to be learned from the decision.
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.