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

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.

Read More

When settlement isn’t the end of the road: lessons from Excel Texel Pty Ltd v Wilson (No 2) [2026] FCA 154

Settlement of a proceeding is not always the end of the dispute. The recent decision in Excel Texel Pty Ltd v Wilson (No 2) [2026] FCA 154, has important take aways with respect to matters that should be considered when navigating litigation and dispute resolution.

Read More

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.

Read More

The Consequences of Misinterpreting Deadlines for Bankruptcy Notices: Karlsson v Griffith University (No. 2). 

In the case of Karlsson v Griffith University (No 2) [2026] FCAFC 102, the Full Federal Court of Australia determined it lacked the jurisdiction to retroactively extend the time for compliance with bankruptcy notices. This decision serves as an important reminder of the need for practitioners to carefully interpret statute to ensure compliance with prescribed deadlines.

Read More

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.

Read More

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

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

Sladen Snippet - Championship Win Means New Merchandise: Lessons from NBA’s New York Knicks on Updating Your Trade Mark Portfolio

When the New York Knicks won the NBA Championship, within days of their victory they filed new trade mark applications for championship merchandise, specifically including jewellery, rings and trophies. This is a reminder to traders all over the world that trade mark protection must continually be reviewed and updated as milestones are achieved, and NBA championships are won! 

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

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

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. 

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

When Product Copying is Legal: Lessons from Bodum's Failed Bid to allege infringement of its Iconic Glass Design

Can a competitor lawfully copy your product design if your IP rights have expired? The recent Federal Court decision in Bodum AG v H.A.G. Import Corpn (Australia) Pty Ltd [2026] FCA 238 analysed this question –  here’s what you need to know.

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