As discussed here and here, the Treasurer confirmed by media release that the former Division 296 Bill would not be reintroduced in the same form as the draft legislation introduced to Parliament in November 2023.

The Victorian State Government has announced new taxes to partially fund the Suburban Rail Loop as part of “value capture” arrangements.

Rob joined us in 2019 (through the merger with Bernie O’Sullivan Lawyers) bringing 40 years of tax experience to our clients.  

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.

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.

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.

Irrespective of whether UPEs are loans under Div 7A or not, what is often forgotten is that dealing with UPEs can result in capital gains for beneficiaries.

Where there has been land consolidation, how does this affect the application of the main residence exemption for deceased estates?

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.

The general requirement of a self managed superannuation fund (SMSF) is that all members must be trustees of the SMSF or directors of the SMSF corporate trustee.

We are honoured to announce that our esteemed consultant, Rob Jeremiah, will retire from active practice at Sladen Legal, effective 5 December 2025

The Victorian State Revenue Office has issued a draft revenue ruling “Land transfer duty - Consideration - Assumption of tax liabilities” for comment that seeks to impose a new stamp duty on adjustments at settlement of property transfers.  This is an Australian first tax and will penalise commercial and other property transfers.

The Victorian Supreme Court in Alphington Developments Pty Ltd v Commissioner of State Revenue [2025] VSC 709 considered the dutiable value for a transfer of land under paragraph 20(1)(a) of the Duties Act 2000 (Vic) and whether payments required to be made by the vendor under a contract were able to reduce the headline purchase price for stamp duty purposes.

The Appeal Panel within the NSW Civil and Administrative Tribunal determined whether the Tribunal erred in finding that the Trust Deed before them set out the trust as a special trust rather than a fixed trust within the meaning of section 3A of the Land Tax Management Act 1956 (NSW).

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.

Many will be familiar with the use of bare trusts by SMSFs as part of a limited recourse borrowing arrangement (LRBA), but there are other ways in which an SMSF might invest via a bare trust, providing different structuring opportunities. This article considers the use of ‘non LRBA bare trusts’ by SMSFs and the superannuation law implications.

PayDay Super is now law, with changes effective from 1 July 2026. The reforms introduce a new voluntary disclosure regime and a new penalty framework for non-compliance. Stay ahead of the changes and understand your new obligations.

Increasingly, individuals hold a substantial amount of their wealth within the superannuation system. Productivity Commission research paper, Wealth transfers and their economic effects, December 2021 provides as follows:

The ART decision in XLZH v FCT looked at whether pre-CGT assets owned by a discretionary trust kept that status under Division 149 and to the extent to which ATO Ruling IT 2430 can be relied upon in applying Division 149.

#CGT, #Division 149, #discretionary trusts, #Tax, #IT 2430

The recent Federal Court decision in ASIC v Darranda Pty Ltd [2024] FCA 1015 highlights that where a franchisor designs the systems, documents or marketing used by franchisees, it may be held liable for regulatory breaches in its network, even without direct dealings with consumers.

#franchising #franchisorliability #ASIC #RegulatoryCompliance