Oceania: Corporate/Commercial Law

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Article
What Is The Liability Under A Contractor Agreement In Australia?
A contractor agreement determines who pays when work goes wrong. Independent contractors carry their own commercial risk, unlike employees, so the agreement allocates that risk in detail. Liability commonly arises from breach of contract, intellectual property infringement, and breaches of confidentiality. Indemnities, liability caps and insurance requirements are the three tools that allocate it. Australian law puts limits on that allocation. Consumer guarantees under the Australian Consumer Law apply automatically, and no contract can exclude them.
Australia Commercial
L
LegalVision
Article
Key Takeaways | NFP Boardroom Lunch 2026
Senior leaders from Australia's not-for-profit sector gathered to discuss the evolving challenges and opportunities facing their organisations in 2026. The boardroom lunch explored critical issues including governance frameworks, regulatory compliance, workforce sustainability, NDIS reform, and the strategic implications of artificial intelligence and data management for charitable organisations navigating an increasingly complex operating environment.
Australia Commercial
PA
Piper Alderman
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Franchising

Compliance

Article
When Is An FOI Processing Estimate Reasonable? Lessons From ‘BBP’ And DFAT
How much time can government agencies reasonably claim when refusing FOI requests on resource grounds? A recent Information Commissioner decision examines DFAT's 113.75-hour processing estimate for sanctions-related documents, clarifying when complexity, sensitivity and specialist review requirements justify substantial resource claims under section 24AA of the FOI Act.
Australia Government
HR
Holding Redlich
Article
Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers
The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
Australia Employment
PA
Piper Alderman
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Shareholders

Article
The Wait Is Over… Or Is It? The 30% Minimum Tax Exposure Draft Legislation Provides Answers, But Questions Remain
The Australian Treasury has released exposure draft legislation detailing the implementation of a 30% minimum tax on discretionary trusts, introducing a new election regime that allows trusts to nominate fixed distribution entitlements and avoid the minimum tax. While the draft addresses stakeholder feedback and provides rollover relief for restructuring, it presents complex compliance requirements, strict limitations on beneficiary variations, and potential resettlement issues that may create challenges
Australia Tax
PA
Piper Alderman
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Charities & Non-Profits

Article
Key Takeaways | NFP Boardroom Lunch 2026
Senior leaders from Australia's not-for-profit sector gathered to discuss the evolving challenges and opportunities facing their organisations in 2026. The boardroom lunch explored critical issues including governance frameworks, regulatory compliance, workforce sustainability, NDIS reform, and the strategic implications of artificial intelligence and data management for charitable organisations navigating an increasingly complex operating environment.
Australia Commercial
PA
Piper Alderman
Article
IA vs CLG - Choosing The Right Legal Structure For Charitable Organisations
When setting up a charity, one of the most important early decisions is selecting the appropriate legal structure. This choice affects how the organisation is governed, its legal responsibilities, and its ability to grow and access funding. Two of the most common options are Incorporated Association (IA) and public Company Limited by Guarantee (CLG). However, each structure offers advantages and limitations depending on the charity’s size, scope, funding sources, and regulatory obligations.
Australia Commercial
BP
Bartier Perry
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Franchising

Article
Part 6: Independent Legal Advice For Franchise Buyers: Negotiation And Committing With Clarity
By the time the evaluation is done, the remaining task is to commit well: to take advice that is substantive rather than a formality, to ask for clarification even where negotiation is unlikely, and to carry the disciplines of due diligence into the operation of the business. None of it removes risk, but together these change the character of the risk you accept.
Australia Commercial
Whelan Lawyers
Article
Part 5: The Franchise Premises Lease, Capital Expenditure, And Exit Exposures Overlooked By Buyers
Buyers tend to study the start of a franchise relationship in detail and give far less attention to three exposures that sit slightly out of view: the premises the business trades from, the capital the franchisor can require you to spend after you have signed, and the provisions that govern how the relationship ends. Each is capable of reshaping the economics of the deal, and each is easier to address before you commit than after.
Australia Commercial
Whelan Lawyers
Article
Part 4: The Franchise Agreement And The Code: Terms That Shape Your Market And Margins
If financial due diligence tests whether the opportunity adds up, the franchise agreement tests what you are actually agreeing to. Around that agreement the Code builds a framework of protections, and within it sit a handful of clauses that will shape your market and your margins for the life of the relationship. Both deserve closer reading than they usually receive.
Australia Commercial
Whelan Lawyers
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