Sladen Legal is proud to announce these well-deserved promotions effective 1 July 2026.

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.

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”.

On 18 November 2025, ATO guidance QC 105857 was updated after the ATO raised concerns with arrangements where newly incorporated beneficiary companies claim franking credits.

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! 

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.

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.

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.

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.

Representatives of the firm attended the Law Firm Network Conference in Hangzhao, China from 20-24 May 202

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.

Sladen Legal is relocating within the Collins Square precinct. From Monday 15 June 2026 our office will relocate from Tower Two to Tower Five. All other contact details remain unchanged. 

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.

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.

Stamp duty in Victoria is becoming increasingly complex, with new SRO approaches, legislative reform, and expanding anti-avoidance focus. This session explores how duty applies in modern transactions and identifies key emerging risks.

This article explores the interaction between deceased estates and Div 7A, highlighting the obligations of executors, ATO views, and practical strategies to mitigate risk.

TR 2026/1 finalised. Holiday homes that double as rentals face a new section 26-50 hurdle. The ATO denies ownership deductions unless the property is mainly rented out, and reserving peak weeks for family use is a red flag. Transitional relief ends 1 July 2026.

A new Victorian case has looked at whether a person has a life interest in a holiday home and the land tax position for holders of life interests.

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 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.