Legal Insights
Defective Products: Could Your Business Be Liable Under the Australian Consumer Law?
Under the ACL, a safety defect exists where the safety of goods is not such as persons are generally entitled to expect.
Post Budget Tax Changes: Are SMSFs Now More Effective Than Discretionary Trusts?
Handed down on 12 May 2026, the 2026-27 Federal Budget was notably uneventful for self-managed superannuation funds. Importantly, it left key superannuation concessions unchanged, including the one-third capital gains tax discount available for complying superannuation funds. In contrast, the proposed introduction of a 30% minimum tax on taxable income of discretionary trusts has strengthened the relative tax advantages of superannuation, reinforcing its importance wealth structuring and effective tax planning vehicle.
Back Track and Carve Out – Testamentary Trusts Excluded from 30% Trust Tax
The 2026-27 Federal Budget proposed to introduce a 30% minimum tax on taxable income of discretionary trusts from 1 July 2028. The original proposal raised concerns as it was suggested to apply to discretionary testamentary trusts, potentially affecting trusts established by a will for a legitimate succession planning purpose. Following consultation, the Government has amended the proposal to exclude genuine testamentary trusts from the new minimum tax, subject to integrity requirements to ensure that they are designed for a legitimate purpose.
Share Splits in Australia
Share splits explained: what they are, when to use them, and how to do them in Australia. Learn how to restructure your share capital without dilution, stay compliant with ASIC, and set your business up for growth, investment, and employee equity.
Han & Han – Will loans between parents and children form part of the asset pool in family law proceedings?
Han & Han [2026] FedCFamC1A 54 (Han & Han) provides important commentary around how loans between parents and adult children may be treated and categorised in family law matters.
The benefits of a Commercial Contract
Commercial contracts underpin every business relationship. Our latest article outlines key legal principles, common clauses, and why clear drafting is essential to manage risk and avoid disputes.
ASIC Rectification
Maintaining accurate ASIC records is a critical compliance obligation for Australian companies. Errors in company records can create issues with due diligence, financing, contracts, shareholder disputes and regulatory compliance.
ASIC Enforcement of Director ID Obligation – What Directors Need to Know
Several years ago, new laws were introduced requiring directors to verify their identity with the Australian Business Registry Services and obtain a director identification number.
Lock up your superfunds – Div 296 is here!
Australia has just entered the first financial year that will be affected by the Div 296 legislation. Members of superannuation funds (SMSFs, retail and industry) with balances that exceed $3 million and $10 million are now subject to an additional tax.
Harwood Andrews Appoints Zac Griffiths as Principal
Harwood Andrews is pleased to announce the appointment of Zac Griffiths as a Principal of the firm, effective 1 July 2026.
Harwood Andrews July 2026 Promotions
Harwood Andrews is proud to announce two well-deserved promotions effective 1 July 2026.
Deposits and Disclosures: Navigating the Proposed Reforms to the Sale of Land Act
The Victorian Government's Consumer Legislation Amendment Bill 2026 proposes significant reforms to the Sale of Land Act. Early release of deposits will require express contractual permission, and vendor statements must be provided at least 14 days before auction or sale
There’s a Hole in My Bucket…The Budget’s Minimum Tax on Discretionary Trusts and Bucket Companies
The announcement of the 30% minimum tax payable by trustees of discretionary trusts has drawn significant attention. However, for discretionary trusts with corporate beneficiaries, beware of double tax.
Life Interests and Land Tax – Abraham v Commissioner of State Revenue [2026] VCAT 351
The Victorian Civil Administrative Tribunal (VCAT) recently considered whether a widow (Applicant) held a life estate in possession in a holiday home, and if so, how that interest should be treated for Victorian land tax purposes. The decision highlights the importance of including appropriate provisions in a will, where the will provides a right to use or occupy a particular property.
Victorian Land Tax and Trust Classification: Lessons from R.C. Land Management Pty Ltd v Commissioner of State Revenue
The Victorian Supreme Court’s decision in R.C. Land Management Pty Ltd v Commissioner of State Revenue [2026] VSC 49 confirms that the classification of trusts for land tax purposes must be determined by the rights and obligations contained in the trust deed of the trust, rather than by administrative reference or reclassification.
Reviewing Trustee Decisions – Claim Staking Process: Williams v Robba [2025]
The Queensland Supreme Court’s decision, Williams v Robba [2025] QSC 2023, highlighted that in self-managed superannuation funds death benefit disputes, the Court will consider and review the trustees decision making process – not whether they would have made the same decision.
Preserving Intergenerational Wealth Reconsidered: Key Implications of the Full Court’s Decision in Caldwell and Caldwell
Preserving intergenerational wealth is a key consideration when establishing trusts. However, the most recent decision in Caldwell and Caldwell [2026] FedCFamC1A 81 questions the strength of asset-protecting structures in family law proceedings.
Harwood Andrews Melbourne office is relocating within Collins Square
Harwood Andrews is relocating within the Collins Square precinct. From Monday 15 June 2026 our Melbourne office will relocate from Tower Two to Tower Five. All other contact details remain unchanged.
Liability in Recreational Activities and Businesses - What Providers Need to Know
Recreational activity providers face unique legal risks. Our latest article outlines how Australian Consumer Law, risk warnings and negligence rules apply, and what steps businesses can take to manage liability.