Sladen Thoughts
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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.
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.
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.
Mergers of Australian businesses: ACCC action results in an undertaking effectively reversing part of a tech merger
The ACCC accepts an enforceable undertaking, effectively reversing a large part of a tech merger that had already settled.
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.
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.
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.
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.
Div 296 legislation introduced to Parliament – what are the key changes
The Div 296 bill was introduced to parliament on 11 February 2026. So what were the changes from Treasury’s draft legislation? For a summary of the draft legislation see our articles – part 1, part 2, part 3 and part 4.
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.
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.
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.
The new Div 296 draft legislation - Part 2 - the transitional rules
This is our second article on the draft legislation for the new Div 296. Our first article examined the core legislation. This article will examine the transitional rules including the CGT adjustment and two rules that just apply for the 2026/27 year.
Franchising Update: 2025 in Review
With the implementation of an updated Franchising Code of Conduct and numerous court decisions on the obligations of franchisors and franchisees, 2025 was a big year in franchising.
We’re recapping the big changes and key takeaways from 2025 that franchisees and franchisors in this article.
The new Div 296 draft legislation – Part 1 – How it works for SMSFs
Treasury released its draft legislation on 19 December 2025 for the new Div 296 and at the time of writing this article the draft legislation was open for consultation (closing 16 January 2026).
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.