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In the case of Kim v JM World AU Pty Ltd (in liq) [2026] NSWCA 146, the NSW Court of Appeal upheld the trial judge’s finding against two directors for breach of directors’ duties in relation to, among other things, transfers of company funds to overseas related entities while the company was insolvent. Notably, the Court was split on the liability of one of the directors, who was entirely inactive throughout the entire process, the majority ultimately upholding the trial judge’s ruling against her.
AS Residential Property No. 1 Pty Ltd as trustee for AS Residential Property No, 1 Trust v Commissioner of State Revenue [2026] VCAT 648
Taxpayer successful in overturning a $36.2 million Windfall Gains Tax Assessment by applying the transition rules to show that the Minister had approved the rezoning prior to the 15 May 2021 announcement of the new tax.
The Franchise Disclosure Register is an important component of Australia’s franchising regulatory framework, designed to promote transparency and assist prospective franchisees in making informed decisions
ISPT Pty Ltd as trustee for ISPT Retail Australia Property Trust v Commissioner of State Revenue [2026] VSC 480
A new Victorian Supreme Court case has considered the landholder duty consequences where an acquisition of a 75.8% interest in a public unit trust schemes were initially not subject to duty, but became dutiable when combined with a subsequent 19.46% acquisition. The first acquisition had caused the funds to cease to be public unit trust schemes.
This case examines the conduct of two directors who made misleading and deceptive future representations about the timeframe and expected profits of an investment project to potential investors and illustrates the standards of evidence and documentation needed to demonstrate a reasonable basis for such representations.
In Greensill Bank AG v Insurance Australia, the Federal Court ruled that a ‘copy’ of a live database, used in the preparation of a privileged report, was itself privileged, irrespective of the privileged status (and existence) of the original version of the database.
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.
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.