Australian 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 […]
ReadmorePayday Super: Summary of key changes
On 1 July 2026, the Federal Government’s long-anticipated Payday Super reforms will come into effect, fundamentally altering the way employers meet their superannuation guarantee (SG) obligations. The reforms, enacted by the Treasury Laws Amendment (Payday Superannuation) Act 2025 (Cth) and associated legislation, replace the longstanding quarterly superannuation payment cycle with a requirement that it be […]
ReadmoreNew prohibitions on unfair trading practices on the horizon
Following the release of two Decision Regulation Impact Statements (DRISs) in December that proposed significant reforms to the Australian Consumer Law (ACL), the Australian Government is following through with the first tranche of those reforms, releasing draft legislation that targets unfair subscription practices, ‘drip pricing’ and conduct that unreasonably distorts the decision environment for the […]
ReadmoreFacial recognition technology on trial
On 4 February 2026, the Administrative Review Tribunal (ART) delivered its long-awaited decision in Bunnings Group Limited and Privacy Commissioner (Guidance and Appeals Panel) [2026] ARTA 130.[1] Following an appeal by Bunnings Group Limited (Bunnings) of the Australian Privacy Commissioner’s 2024 determination, the ART has now held that Bunnings’ use of facial recognition technology […]
ReadmoreBuilding certainty on Victoria’s Developer Bond scheme
The summer holiday season has not slowed down progress of the proposed domestic building reforms in Victoria. Draft regulations related to the Building Legislation Amendment (Buyer Protections) Act 2025 (Vic) (Act) were released for public consultation on 18 December 2025 and recently closed on 1 February 2026. In particular, the proposed Building (Developer Bonds) Regulations […]
ReadmoreNo more broken toys: DOCA flexibility powers Toys “R” Us restructure
The Federal Court of Australia recently reaffirmed the flexibility of the Deed of Company Arrangement (DOCA) regime under the Corporations Act 2001 (Cth) (the Act).[1] It is well established that a DOCA can be used to transfer shares with approval under s 444GA of the Act. In a decision which the Federal Court described as […]
ReadmoreNSW planning system reforms: What developers need to know
Amendments to the Environmental Planning and Assessment (EP&A) Act that have commenced Our Planning and Environment team has summarised the recent amendments to the EP&A Act that have commenced, along with their implications for developers in NSW. Objects of the EP&A Act amended The objects in section 1.3 of the EP&A Act have been amended […]
ReadmoreBattle of the Brands: Bed Bath ‘N’ Table Triumphs in Landmark High Court Decision
In Bed Bath ‘N’ Table v Global Retail Brands Australia Pty Ltd HCA 50, the High Court of Australia has set aside a judgment of the Full Federal Court and upheld an appeal by Bed Bath ‘N’ Table Ltd (BBNT) in a dispute concerning a competitor’s use the below mark (House B&B Mark). […]
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 […]
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