The Startup Series | Capital raising exemptions
This article is the fourth article in The Startup Series – a collection of short articles covering key concepts that early-stage companies in Australia establishing a business or raising capital. Australian capital raising exemptions If a company is seeking to raise capital in Australia through an offer of securities, it is critical to consider whether: […]
ReadmoreThe Startup Series | What are shareholders’ agreements and why should my business have one?
This is the third article in The Startup Series – a collection of short articles covering key concepts for early stage companies in Australia that are establishing a business or raising capital. What are shareholders’ agreements and why should my business have one? A shareholders’ agreement is a legally binding contract between some or all […]
ReadmoreThe Startup Series: Ordinary shares vs preference shares – what founders give up and why it matters
This is the second article in The Startup Series – a collection of short articles covering key concepts for early stage companies in Australia that are establishing a business or raising capital. Early considerations for founders When founders talk about ‘giving up equity’, they are usually thinking about dilution. What is often missed is that […]
ReadmoreThe Startup Series | Funding startups with SAFEs: What you need to know
This is the first article in The Startup Series – a collection of short articles covering key concepts for early stage companies in Australia that are establishing a business or raising capital. What are SAFEs? A Simple Agreement for Future Equity, or ‘SAFE’, is an agreement where an investor provides funds to a company in […]
ReadmoreThe experiments continue: R&D incentive design after Budget 2026
There is a quiet but profound shift embedded in the 2026 Budget’s R&D Tax Incentive (R&DTI) reforms. It is another hypothesis in a long-running policy experiment to define what innovation is, and how much of it Government should support. It goes well beyond rates, thresholds or offsets. Historically, the R&DTI has recognised that innovation is […]
ReadmoreBudget 2026: “Please sir, I want some more… enforcement powers”
Boards and management will face an increasingly muscular tax compliance and enforcement landscape, with heightened expectations around internal governance, record-keeping and advisor-oversight, following the Government’s Budget announcements about greater ATO powers. The Federal Government has put taxpayers on notice in its 2026 Budget, flagging its intention to continue to prioritise the detection and prevention of […]
ReadmorePlanning blight, fair compensation and the P&E Amendment Act: what landowners need to know now
Why this case matters for landowners The recent Barrett judgment clarifies how compensation is assessed when a planning reservation constrains development. Most importantly for landowners and claimants, the Court explained where the legal onus lies and how uncertainty in the “before and after” valuation is resolved. The result materially strengthens the position of affected landowners […]
ReadmoreNot the ‘vibe’ – VCAT confirms operator identity is irrelevant to planning permit decisions
McDonald’s Australia Limited v Darebin CC [2026] VCAT 283 (24 April 2026) Key takeaway In the recent Northcote McDonald’s case, VCAT has delivered a clear message: councils cannot refuse a permit amendment simply because the community objects to a particular brand or operator. Where a use is permitted as of right under the planning scheme, […]
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 […]
ReadmoreMandatory merger rules are now set
The final ground rules for Australia’s mandatory, suspensory merger notification regime are now set following the Australian Government’s registration of the Competition and Consumer (Notification of Acquisitions) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination). The Amendment Determination provides welcome, but incomplete, relief to acquisitions of interests in land and other targeted exemptions. It also […]
ReadmorePublic works can be a real nuisance: Liability risks for public infrastructure
In an important judgment for public authorities procuring major infrastructure works, the High Court has held that, absent unambiguous language, statutory authority is not a blanket immunity to private nuisance claims arising from the conduct of the works. Rather, statutory authority only excuses nuisance if the interference with a person’s ordinary enjoyment of their land […]
ReadmoreAustralia launches AI Safety Institute and releases National AI Plan
The Labor government has recently announced the launch of the Australian AI Safety Institute (AISI), a national watchdog dedicated to ensuring the safe and responsible development of AI in Australia. The government will begin rolling out the AISI in early 2026. The AISI has been developed to oversee the deployment and regulation of AI technology […]
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