HOME | TheBrief - Legal Insights and Commentary.

30% MINIMUM INCOME TAX ON DISCRETIONARY TRUSTS

On Wednesday, 14 October 2026, Treasurer Jim Chalmers introduced the Treasury Laws Amendment (Tax Reform No. 3) Bill 2026 and the Income Tax Rates Amendment (Minimum Tax on Discretionary Trusts) Bill 2026 into the House of Representatives. The introduction of the Bills follows months of consultation with the community and industry stakeholders and provides the first insight into the legislation the Government intends to pass. What has not changed From 1 July 2028, discretion

By Teresa Catalano & Georgia Shorland

ASIC lifts minimum NTA requirements for fund operators from 1 July 2027

The Australian Securities and Investments Commission (ASIC) has confirmed its previously announced changes to the minimum net tangible assets (NTA) requirements will take effect from 1 July 2027 for: responsible entities of registered managed investment schemes (MISs); operators of investor directed portfolio services (IDPS); and corporate directors of retail corporate collective investment vehicles (CCIVs) (collectively, fund operators). With less than nine months until the

By Pip Bell & Langton Clarke

First responders and vicarious trauma: Lessons on the scope of duty from Caller v New South Wales

Mental injury claims lodged with WorkCover Queensland more than doubled in the five years from FY22 to FY26.1 With many of those claims relating to occupational exposure to traumatic incidents and information, employers of first responders and other workers exposed to vicarious trauma, are left wondering what is required in order to fulfil their duty of care. While it is well-established that employers of persons who may be exposed to trauma in the course of their employment,

By Anna Hendry & Sarah Roper

National Family Law Conference: Bold conversations and groundbreaking ideas

More than 1,400 family lawyers have gathered in Hobart this week for the National Family Law Conference, sharing ideas for strengthening Australia's family law system. "This conference is the largest regularly held legal professional development event in the Southern Hemisphere, and this year's attendance is a record. That says a great deal about how seriouslythis part of our profession takes its responsibility," Law Councilof Australia President, Tania Wolff said." When fam

By Law Council of Australia

Cleared to launch a US Spacecraft in Australia

Unlocking commercial opportunity through the Technology Safeguards Agreement A space rocket owned by the United States of America can now stand on an Australian launch pad carrying a satellite worth millions of dollars, ready for launch – but only if it complies with the rigorous technology protection measures agreed between the US and Australia. Australia and the United States are poised to deepen an already significant space partnership through the proposed Framework Agreem

By Luke Dale, Nikki Macor Heath, Veronica Mignone & Arti Sangar

Cleared to launch a US Spacecraft in Australia

Safe by design: unpacking Australia’s proposed digital duty of care for online services

On 8 September 2026, the Australian Government released an exposure draft of the Online Safety Amendment (Digital Duty of Care) Bill 2026 (Exposure Draft Bill) following the Government's response to its 2024 review of the Online Safety Act 2021 (Cth) (Online Safety Act). The Exposure Draft Bill would fundamentally reshape the regulatory landscape for online service providers in Australia, replacing the current co-regulatory framework with a prescriptive, regulator-enforced mo

By Cameron Gascoyne, Greg Williams, Alex Horder, Alex Fiddis

Draft Legislation Takes Hammer to Non-Competes

The Federal Government’s proposed ban on non-compete clauses looks set to come to fruition, with the release of the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 ("Bill") earlier this week. The Bill follows the Government’s March 2025 Budget1 commitment to prohibit non-compete clauses for low and middle-income workers and its subsequent consultation2 on non-competes and other restraints affecting worker mobility. The Bill goes further

By Michael Starkey

Secretary Department of Communities and Justice v Soulos

In Secretary Department of Communities and Justice v Soulos [2026] NSWCA 185, the NSW Court of Appeal upheld a $1,389,457.74 damages award against a government employer after a caseworker suffered total psychiatric incapacity following a two-minute segment in an SBS documentary about her former client’s death. The Court found it was reasonably foreseeable that she would identify the client and perceive the broadcast as blaming her for his death. The decision carries important

By Julie Bowker, Aristea Friedrich & Gabrielle Macready

QLD environment reforms: what comes next?

Queensland environmental reforms now in force — with a new framework from June 2026 Key legislative reforms affecting mine rehabilitation, surrender of environmental authorities, groundwater management, environmental assessment and enforcement commenced under Queensland’s Environmental Protection (Efficiency and Streamlining) and Other Legislation Amendment Act 2026 (Qld) (Act). The Act also provides a new framework for the identification and protection of significant environ

By Anna Vella & Aaron Beale

Fast-tracking of State significant projects on the way in Queensland

The State Development and Public Works Organisation (Critical Minerals) and Other Legislation Amendment Bill 2026 (Qld) (the Bill) seeks to empower the Minister and the Coordinator-General (the CG) to facilitate projects of strategic importance to the State of Queensland, through fast-tracking approval processes, improving infrastructure coordination, and simplifying land access and acquisition powers. While the catalyst for the changes is related to the need to facilitate th

By Bill McCredie & Rosanne Muerling

New payment models face a broader licensing regime

Payment providers should assess whether their products, technologies and activities could require an AFS license. In March 2026, Treasury released an exposure draft of the Treasury Laws Amendment Bill 2026: Payments System Modernisation, which is new legislation that overhauls the regulatory framework for payment service providers in Australia. The Bill reflects a change of regulatory focus under the existing regulatory regime, which will now focus on the functions and acti

By Michael Bracken

Shine Lawyers prepares to file Cochlear shareholder class action after investors suffer billions in losses

Shine Lawyers is preparing to file a shareholder class action against Cochlear Limited following a months-long investigation into whether the company breached its continuous disclosure obligations and engaged in misleading or deceptive conduct. The investigation concerns Cochlear's FY26 financial guidance and two subsequent downgrades. After Cochlear revised its guidance on 13 February 2026, its share price fell by almost 19 per cent. A further downgrade announced on 22 Apr

By Shine Lawyers

A Fair Work Ombudsman, Commission and now a Court…

Prime Minister, Anthony Albanese has recently announced the Government’s intention to establish a Fair Work Court. This is following criticisms that the legal system can be complicated, costly and not timely in dealing with certain disputes. The Government is looking to remove the need for parties to commence or escalate their matter to the Federal Court of Australia or the Federal Circuit and Family Court of Australia. The Court will be designed for use by both employers and

By Amy Sydney & Laura Wood

The rate is the rate - ERD Court decision on car parking in Designated Areas

On 5 March 2026, the Environment, Resources and Development Court handed down a decision in Palma Investments Pty Ltd v Assessment Panel – City of Mitcham [2026] SAERDC 5 granting planning consent to the expansion of a medical centre at 202 Main Road, Blackwood. The case turned on whether it was sufficient for the development to meet the lower parking rates for “Designated Areas” when the actual demand generated by the development would be higher. The Appellant had sought

By Tom Game

What we’re seeing one year into Queensland’s seller disclosure scheme

Buying or selling property in Queensland now comes with a longer checklist and, often, a bigger bill. A year on from the commencement of the seller disclosure regime, our property team is fielding the same questions from clients again and again: what has to be disclosed, who pays for it, and what happens if something is missed. The Property Law Act 2023 (Qld) replaced the State’s old buyer beware approach with a mandatory seller disclosure scheme. Here is what we are seeing o

By Rebecca Sheppard, Nargis Kazimi

Where did my airplanes go? Federal Court finds against Perth Airport Pty Ltd for misleading conduct

The judgment of Anderson J in United Petroleum Pty Ltd v Perth Airport Pty Ltd (No 2) [2026] FCA 620 has provided a recent and detailed account of the law of misleading and deceptive conduct which reiterates the inability for a contravening party to contract out of contravention in any manner. The Federal Court’s decision is another critical reminder of Australia’s strong consumer protection laws that extend to prohibiting what can arguably be described as overselling in reg

By Iain Freeman

Land Transfer Duty and Adverse Possession Claims in Victoria

Why acquiring land by possession is a dutiable transaction, how the State Revenue Office assesses it, and what claimants should budget for. Introduction While many people are familiar making a claim for adverse possession, the financial implications for the claimant are less well understood beyond the surveying and application fees. One example is the requirement for pay duty on the transfer. In Victoria, acquiring land by adverse possession is often still treated by the Stat

By Joel Snyder & Jonathan Hourigan

Fast-tracking patent examination in Australia

Australia has two mechanisms available for fast-tracking patent examination – the Patent Prosecution Highway (PPH) and IP Australia’s expedited examination program. Australia is part of the Global PPH (GPPH), and has a PCT-PPH and an IP Australia-EPO PPH program. On 2 June 2026, Australia joined the PPH eXtra initiative, which aims to provide clearer timeframes for examination under the PPH. However, IP Australia’s expedited examination program remains a viable option for acc

By Dr Claire Gregg

The Brief

LEGAL INSIGHT FROM THE SOURCE