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.

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Dispute Resolution, Property Disputes Alicia Hill Dispute Resolution, Property Disputes Alicia Hill

Did the tenant have a make good obligations in a commercial lease? Allied Pinnacle v G R Mailman illustrates the issues

In the decision of Allied Pinnacle Pty Ltd v G R Mailman & Associates Pty Ltd, Justice Muston held on proper construction of the terms, while the lease did not require removal of the fit out at the premises, it did require painting of the external premises and fulfilment of the make good obligations specified.

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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.

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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.

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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.

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Superannuation, Property & Development Phil Broderick Superannuation, Property & Development Phil Broderick

Sladen snippet - legislation passed with ban on LRBAs for “residential property”

The Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 has been amended in the Senate, and then passed by the House of Representatives, to include the recent Greens measure to ban SMSFs from using limited recourse borrowing arrangements (LRBAs) to buy “residential property”.

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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! 

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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.

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Federal Taxes, Taxation, Business Law Kseniia Gasiuk Federal Taxes, Taxation, Business Law Kseniia Gasiuk

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.

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Neil Brydges Neil Brydges

For Whom the Bendel Tolls: Division 7A, UPEs, and the loan myth – but is the story over?

The bell has tolled on the ATO's long-running argument that UPE is a "loan" under Division 7A. In FCT v Bendel [2026] HCA 18, a 5-2 High Court majority held that where a trustee's resolution effects a "setting aside" onto a separate trust, no loan arises under s 109D(3). The decision turns on the precise language of the trust deed and the resolution - and it changes the Division 7A calculus for every discretionary trust with a corporate beneficiary. This article covers the key issues practitioners need to act on now.

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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.

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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.

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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.

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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.

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