Asia: Corporate/Commercial Law

Queensland's procedural rules impose detailed obligations when claiming damages, interest and other relief in civil proceedings. Understanding what must be pleaded, how to connect conduct to loss, and when to provide particulars determines whether a statement of claim will withstand scrutiny or require amendment.

Novation has existed in Indian over the counter ("OTC") derivative markets for years, but as derivative volumes and market maker turnover grew, the absence of a comprehensive framework spanning asset classes became a genuine gap. In July 2025, the Reserve Bank of India ("RBI") released a draft titled "Reserve Bank of India (Novation of OTC Derivative Contracts) Directions, 2025", seeking to close this gap through a unified set of directions. After consultation with various stakeholders, RBI finalised the framework on 22 September 2026, but abandoned the standalone Directions format.

Legal work first moved to India to save money. Today’s centres are expected to own that work, and whether they succeed turns on design choices that a cost model won’t show

Effective estate planning looks beyond the Will to consider how assets are owned and controlled, how family and business structures will operate after death or incapacity, and whether existing family expectations or arrangements may create future risks..

The 2026–27 Budget's capital gains tax (CGT) reforms are the most significant recalibration of the investor tax base in 25 years. For gains accruing from 1 July 2027, the 50 per cent CGT discount available...

Employee share schemes can become complicated assets in property settlements, especially when equity vests after separation. Australian family courts treat unvested options, performance rights and bonuses differently depending on timing and conditions, with case law pulling in conflicting directions on whether they constitute divisible property or merely financial resources.

Asset protection during bankruptcy depends on genuine ownership, not trust labels. Property held for others is generally excluded from a bankrupt estate, but beneficial interests, trust debts, and trustee indemnities may still be recoverable. Transfers into trusts can be challenged under undervalue or creditor-defeating provisions if timing, consideration, and purpose raise concerns.

Before amending a trust deed, it is important to carefully review the deed to determine whether the proposed amendment is permitted and what requirements must be followed.

The Court of Appeal has upheld a landmark decision requiring the Australian Tax Office to return settlement payments totaling approximately $15 million that were funded by proceeds from a breach of fiduciary duty.

Directors using credit cards to pay company tax debts may be unknowingly converting corporate liabilities into personal obligations. What appears to be a simple cash flow solution with bonus reward points could expose directors to significant personal financial risk if the company later becomes insolvent.

Insider trading cases are rarely proved by admission. More often, they are proved by chronology: who knew what, from when, how the information moved, and whether they traded while in possession of it.

Foreign nationals serving as legal representatives of Chinese subsidiaries face significant practical consequences when their companies fail to comply with court judgments. Consumption restrictions may limit travel options, hotel stays, and other expenditures, while exit restrictions can prevent departure from China entirely. Understanding these enforcement measures and their implications is essential for foreign legal representatives operating in China's business environment.