Labour and materials prices on the rise: Understanding escalation risk in construction contracts
Price escalation for labour and materials is hitting Australian construction projects hard. Global supply chain disruption, fuel shortages, inflationary pressures and geopolitical instability continue to squeeze project pricing and delivery. This article explores how existing contracts likely deal with inflationary pressures and what options are available to best manage the risk. Part 1: Impact on […]
ReadmoreManaging contract risks in times of turmoil: Leveraging force majeure and balancing insolvency risks
In the current environment of heightened geopolitical tension, including the effective closure of the Strait of Hormuz and impacts on regional oil and gas infrastructure, global supply chain disruption and volatility in energy markets, force majeure provisions are more important than ever. Australian businesses in the mining, agriculture, transport and industrial sectors who rely on […]
ReadmorePsychosocial hazards in the workplace: Legal obligations, enforcement trends and what employers need to know
Psychosocial safety has moved decisively from the margins of workplace health and safety (WHS) into the regulatory spotlight. What was once treated as a ‘softer’ people issue is now firmly recognised as a core WHS, governance and compliance risk. Legislative reforms across Australia, coupled with a marked increase in enforcement activity, leave little room for […]
ReadmoreTripping the wire: New voting power triggers in Australia’s merger control regime
The number of transactions caught by Australia’s new merger control regime is set to expand considerably. While much attention has focused on Australia’s shift to mandatory merger notification, the introduction of new voting power thresholds under the new regime creates tripwire risks for dealmakers. On 1 April 2026, share acquisitions that complete on or after […]
ReadmoreRecusal in civil penalty proceedings: High Court hands down decision in SunshineLoans Pty Ltd v ASIC [2026] HCA 8
The High Court’s decision in SunshineLoans Pty Ltd v ASIC [2026] HCA 8 provides authoritative guidance on apprehended bias in bifurcated civil penalty proceedings, confirming that firm findings at the liability stage do not, without more, disqualify a trial judge from determining penalty. While the judgment (SunshineLoans’ appeal dismissed with costs, 7-0) brings finality to […]
ReadmoreIPO reforms set to boost M&A activity
Australia’s dealmaking environment may be entering a more dynamic phase. Over the last 12 months, Australia has introduced targeted reforms to shorten IPO timetables and reduce execution risk for eligible ASX listings: ASX’s update to Guidance Note 1 (effective 30 May 2025) clarifies admissions practice and encourages earlier, more structured engagement. ASX is also considering […]
ReadmoreAustralian mandatory merger control: Key implications
The introduction of mandatory merger control in Australia introduces the biggest change in Australian deal mechanisms in decades. From 1 January 2026, Australia moved from a largely voluntary merger clearance system to a mandatory merger control regime. Certain acquisitions of shares, units or assets that meet prescribed thresholds must be notified to the Australian Competition […]
ReadmoreEmerging contracting trends in response to Victoria’s developer bond scheme
Victoria’s new mandatory developer bond scheme for multi-storey apartment developments is set to commence on 1 July 2026. Until recently, developers and contractors were operating in a period of uncertainty because the Building Legislation Amendment (Buyer Protections) Act 2025 (Vic) left several key aspects of the scheme unresolved. With the recent release of the exposure […]
ReadmoreForeign investment update: New ground for FIRB and dealmakers alike
What’s new? Australia’s foreign investment landscape is in the midst of a transformation with technological and administrative changes introduced from 1 July 2025 to streamline low-risk applications, leaving the higher-risk proposals to sharper scrutiny. The new Foreign Investment Portal is now the single-entry point for all FIRB applications, compliance reports and, from 1 January 2026, […]
ReadmoreAustralian M&A: A review of 2025 and outlook for 2026
In 2025, Gadens’ Corporate team advised on over 50 M&A transactions totalling more than AUD3.8 billion. This marked an increase on 2024 and reflects the breadth of our involvement across the Australian M&A market throughout the year. In this year’s edition of our Australian M&A review, we examine the key trends and developments that shaped […]
ReadmoreAustralia’s evolving AI governance landscape: Regulatory changes set to impact employers
The furious pace of the adoption of AI at scale has represented a significant regulatory challenge to society, due to the swift expansion of both the capabilities of AI and its uses. Unsurprisingly, our current legal frameworks, which were never designed with such technologies in mind, have been outpaced by this rapid transformation, which has […]
ReadmoreReturn to the office: Can employees be directed back into the office?
Background The Fair Work Commission (FWC) has found that an employer’s decision to dismiss an employee on the basis that they refused to attend the office three days a week was not harsh, unjust or unreasonable in the recent case of Mr Richard Johnson v PaperCut Software Pty Ltd[1] (Johnson v PaperCut). Richard Johnson (Mr […]
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