Current thinking on the developments shaping private company decision-making in Australia and across the United States cross-border corridor.
Australia offers US life sciences companies faster, cheaper early-phase trials with a refundable R&D tax offset — but sponsors need to weigh FDA data-acceptance rules and patent timing before choosing where to run their programme.
When two parties hold property through a jointly held unit trust and the relationship between them breaks down, neither party has a general right to walk away from the arrangement. The NSW Court of Appeal confirmed the position in Carr v Ritossa [2025] NSWCA 108.
The 2026-27 Federal Budget confirmed substantial investment in Australia's clinical trials infrastructure. For international sponsors, three measures are particularly relevant: continued NOSS funding, stepped-up MRFF disbursements, and continued PrOSPeCT support.
Diesel prices have surged. Fertiliser costs have risen sharply. Freight rates are climbing. Some suppliers have started issuing force majeure notices. Whether your business relies on fuel, fertiliser, building materials, or any other affected input, those notices raise immediate questions.
A will and a family trust deed are separate instruments. Where someone controls a discretionary family trust, the assumption that a well-drafted will settles the question of what happens to their assets on death is not correct.
A 2026 Supreme Court of NSW judgment exposed three structural defects in a standard 1986 discretionary trust deed — a narrowed beneficiary class, a lapsed appointor role, and an inoperative variation power — and 14 years of invalid distributions that followed.
A July 2025 decision of the Federal Circuit and Family Court of Australia provides significant guidance on whether discretionary trusts holding family business assets are divisible property in a divorce.
The Supreme Court of Western Australia has confirmed that a trustee holding an absolute discretion to distribute income is not insulated from challenge merely because the trust deed describes the power in broad terms.
ASIC records 149 IPOs on the ASX in 2014. In 2024? Just 47. That is not a market cycle, it is structural change. What private company boards need to know about IPO options in 2026, including ASIC's regulatory response, the private capital reality, and emerging offshore alternatives.
The Takeovers Panel's power to make costs orders is contingent on a declaration of unacceptable circumstances and exercised sparingly. The 2025 decision in Emu NL 03 (Costs) demonstrates the circumstances in which costs may be ordered against non-parties.
Australia's Research and Development Tax Incentive is one of the most generous programs of its kind globally and plays a significant role in making Australia an attractive destination for clinical research.
Australia's new mandatory merger control regime is in force as of 1 January 2026. These reforms represent the most significant change to Australian merger law in decades, shifting from a voluntary notification system to a mandatory and suspensory regime administered by the ACCC.
1 January 2026 marks the commencement of Australia's new mandatory and suspensory merger control regime. Acquisitions that meet the specified monetary thresholds must be notified to the ACCC, with clearance required before completion.
The TGA has finalised its Australian-specific annotations to the ICH E6(R3) guideline for Good Clinical Practice following public consultation. The outcomes were finalised on 16 December 2025, delivering a clear framework for clinical trials conducted in Australia.
The TGA has formally adopted the ICH E6(R3) guideline for Good Clinical Practice, effective 13 January 2026. A 12-month transition period allows sponsors to comply with either the previous guideline or ICH E6(R3).
Australia's stable economy, transparent regulatory environment, and strategic location in the Asia-Pacific continue to attract overseas companies. For many international businesses, the most efficient way to commence trading is to register as a foreign company with ASIC.
AUSTRAC has released a statement of regulatory expectations to support businesses implementing the AML/CTF reforms. Tranche 2 entities in the legal, accounting, real estate and jeweller industries come under the regime on 1 July 2026.
Directors of companies have significant legal responsibilities. This article outlines the general duties of directors under the Corporations Act 2001, including the duties of care and diligence, good faith, and proper purpose.
AUSTRAC's second public consultation on the new AML/CTF Rules is open for submissions. The updated draft rules address feedback from the first round of consultation including customer due diligence, the travel rule, and new reporting requirements.
Defence has updated the ASDEFCON Conditions of Contract for complex and strategic materiel acquisition templates by standardising common core provisions, following the launch of the Defence Industry Development Strategy.
Changes arising in the Second Exposure Draft AML/CTF Rules include changes to customer due diligence including some relaxation on the timing of due diligence involving low risk trusts and deemed compliance in mergers and acquisitions.
As a general rule, shareholders have limited rights to access a company's books. This article outlines the rights of shareholders to access company books under the Corporations Act 2001 and the circumstances in which a court may order inspection.
The NSW Supreme Court decision in Cody v Live Board Holdings Limited demonstrates that a shareholders' agreement with an inconsistency clause will not automatically take precedence over the terms of a company's constitution.
The ASDEFCON Technical Data and Intellectual Property framework is a key Defence reform initiative to improve and streamline Defence's procurement processes, moving away from the traditional foreground, background and third party IP categorisation.
A shareholders agreement sets out the rights and obligations between the parties to the agreement including the company shareholders and often the company itself. This article explains when you need one and what it should cover.
The Federal Court has declared eight contract terms unfair in the first test of the new unfair contracts legislation in ACCC v JJ Richards & Sons Pty Ltd [2017] FCA 1224. The case is a warning to large businesses to review their standard form contracts.
The High Court's dismissal of the special leave application in Mercanti v Mercanti provides a warning to officeholders of discretionary trusts and their advisers on the requirement for precise provisions dealing with variations.