Australia: Corporate and Company Law

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.

As Group 2 entities commence their first reporting period under Australia's mandatory climate reporting regime, ASIC's early observations highlight key disclosure expectations and areas for caution.

Obtaining certainty of being classified as a ‘fixed trust’ is now more important than ever for fund managers as the trustees of most non-fixed trusts are proposed to be subject to a 30% minimum tax from 1 July 2028.

Supply chain due diligence is evolving from a voluntary process into multi‑functional compliance obligations. As overlapping regulatory regimes impose distinct and increasingly prescriptive requirements, organisations must ensure their due diligence frameworks can meet multiple legal obligations simultaneously, without sacrificing effectiveness or creating additional exposure.

The Federal Court of Australia has clarified the powers of liquidators appointed to registered foreign companies operating in Australia, determining that directors' powers are suspended upon liquidator...

ASIC has intensified its enforcement campaign against companies failing to lodge financial reports on time, issuing over $5 million in infringement notices and prosecuting repeat offenders in court. Foreign-owned subsidiaries and large proprietary companies face heightened scrutiny as ASIC deploys data-driven surveillance to identify non-compliant entities at scale.

A company constitution is often treated as an internal governance document, but when it conflicts with the Corporations Act 2001 (Cth) (Act) or is applied in a way that affects shareholder rights, it can become central to a dispute. For directors and shareholders, these inconsistencies can create uncertainty around the validity of corporate decisions and, in some cases, form part of a broader claim of unfair or oppressive conduct.

Queensland pharmacy business owners face a critical 2 November 2026 deadline to apply for QPBOC licensing under the new Pharmacy Business Ownership Act 2024. Many ownership structures involving discretionary trusts, companies, or non-practising pharmacists may be non-compliant, yet waiting to restructure before applying could prove costly. Understanding the material interest requirements, compliance pathways, and strategic advantages of early application is essential for protecting your pharmacy business.

In part one of this series on preference share structure, we explored the basics of preference share structures in Australia. In part two, we deal with the legal, commercial and exit considerations that need to be considered when opting for a preference share structure.