Sladen Thoughts

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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.

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Insolvency, Dispute Resolution Alicia Hill Insolvency, Dispute Resolution Alicia Hill

Assessing when a limitation period applies to a claim and substantiating loss: Lessons from R Lawyers v Mr Daily

The task of assessing whether a claim may have expired due to the application of a statutory limitation period and how to substantiate a loss claimed if there is a viable claim is not always straightforward.

In the decision of R Lawyers v Mr Daily [2025] HCA 41, the High Court of Australia clarified when a limitation period will start running for professional negligence and the evidence needed to substantiate a claim for loss where negligence has been established in a case involving a binding financial agreement.


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The line between licence and franchise: is the agreement a franchise?

In the decision of Leon Cycle Pty Ltd v Hi5 Scooters Pty Ltd and Jamal Raad Raad, Her Honour Judge Burchell held that the Licensing Agreement between Leon Cycle and Hi5 Scooters was not a franchising arrangement for the purposes of the Franchising Code of Conduct.

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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.

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Business Law, Taxation Phil Broderick Business Law, Taxation Phil Broderick

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.

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Business Law, Superannuation, Taxation Phil Broderick Business Law, Superannuation, Taxation Phil Broderick

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.

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