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ANNOUNCEMENT - The Brief has officially launched in Australia and is now accepting submissions and press releases from legal professionals and PR

What to do if Arrested while visiting Australia

Being arrested in a foreign country can be an unexpected and frightening experience. Tourists visiting Australia and NSW must adhere to all local laws and regulations. But many visitors are unaware that Australian law provides fundamental rights and protections if they are arrested. Knowing these rights and your options is crucial when dealing with NSW police and navigating the criminal process. This article is a practical guide for foreign nationals who find themselves facin

By Martin Vazquez

Critical Technologies in Australia: The Policy Roadmap in 2026

For much of the past decade, “critical technologies” existed in government policy papers and strategic briefings, rather than mainstream corporate strategy. That separation is fast disappearing. Governments across advanced economies in 2026 are increasingly viewing technological capability as a determinant of economic resilience, national security and geopolitical influence. Industrial-policy tools are again being deployed at a scale not seen for decades. Supply chains are fa

By Dr Martyn Taylor

First Resort Home Warranty Scheme commenced in July

The commencement of the First Resort Home Warranty Scheme on 1 July 2026 marks the most significant change to Victorian domestic building regulation in a generation. The reforms are broad and consequential. Much of the detail was provided in guidance and ministerial directions issued in the final days before commencement, and how the Building and Plumbing Commission (BPC) exercises its new powers remains to be seen. At the same time, ongoing economic pressures, rising insolve

By Michael Chapman

Should you self-report? A board-level decision framework

The AFP’s April 2026 guideline has turned self-reporting into a live boardroom decision rather than a theoretical one. If a company finds evidence of serious misconduct, the board now has to decide whether to take it to the AFP, knowing that genuine cooperation can lead to a civil resolution with no conviction, and knowing that the price is high. This is living aside other considerations about reporting crimes that come from the various Crimes Act type legislation throughout

By Bill Doogue

Should you self-report? A board-level decision framework

Estate Planning Update: Testamentary Trusts Exempt from Proposed 30% Minimum Trust Tax

Recent discussions about the Federal Government’s proposed changes to the taxation of discretionary trusts have led many Australians to wonder whether testamentary trusts are worthwhile. In June, the Federal Government announced that Testamentary Discretionary Trusts (TDTs) will be exempt from the proposed 30% minimum tax on discretionary trust income. As a result, Testamentary Trusts will continue to offer the tax advantages and asset protection that have made them a leading

By Ayla Dodson

Estate Planning Update: Testamentary Trusts Exempt from Proposed 30% Minimum Trust Tax

No AI Act, no cry? Your compliance obligations when using AI

The Jobs and Skills Australia report, Our Gen AI Transition: Implications for Work and Skills, is a serious piece of work, and its findings on covert use deserve employers’ attention. Drawing on a range of studies, it found that roughly a quarter of workers are using Gen AI tools without their employer knowing or approving. The detail is worth dwelling on. The report does not paint shadow users as a workforce of rule-breakers. Some of them are, in its words, “hidden leaders”

By Guzyal Hill

Which construction occupations can be sponsored in Australia?

Construction businesses experiencing ongoing labour shortages often ask us the same question: “Can we sponsor this role?” Answering that question properly requires looking beyond the job title. One of the most important and often overlooked parts of the sponsorship process is identifying the occupation that genuinely reflects the work the employee will perform. Understanding that distinction early can save businesses significant time, avoid costly recruitment missteps and, in

By Corina Chen

Supply chain due diligence: compliance, risk and governance in an evolving regulatory landscape

Supply chain due diligence on environmental and social issues is no longer a voluntary exercise in corporate responsibility. It is fast becoming a core legal and governance requirement, shaped by complex and overlapping regulatory frameworks and reinforced by growing expectations around corporate accountability on a global scale. For boards, executives and in-house counsel, the challenge is no longer simply a matter of compliance, but ensuring that due diligence is efficient

By Dr Phoebe Wynn-Pope, Kate Gill-Herdman, Rosie Syme, Georgia Smith

M&A investment thesis is a contract, and the assumptions register you need to keep it live

Most M&A value erosion doesn’t come from bad strategy. It comes from executing yesterday’s strategy while the underlying assumptions quietly break without early detection. The Investment Committee (IC) paper is the contract in which those assumptions sit; however, after signing most organisations file it. The discipline that can separate value realising deals from value leaking ones is treating that paper as a live operating contract, not merely a sign-off document. 12 mont

By Guy Fisher

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

Chain of Responsibility: Why Directors Cannot Leave Safety at the Gate

The Heavy Vehicle National Law (HVNL) has fundamentally changed the way heavy vehicle safety is regulated in Australia. Gone are the days when legal responsibility for a road transport incident rested solely with the driver behind the wheel. Today, every party in the transport supply chain ( referred to as the chain of responsibility) has a role to play in ensuring safety, and where that responsibility is ignored, significant penalties can follow. One of the most important re

By Kristy Speirs

When founder shares become family property: lessons from Charis & Charis

In an era when family law property pools increasingly include start-up equity, offshore entities and illiquid founder interests, Charis & Charis [2026] FedCFamC1A 92 (17 June 2026) is a significant Full Court decision on post-separation wealth creation. The case involved a technology founder whose shares and options in a United States quantum computing company grew dramatically after separation, yet the Full Court upheld an equal division of net assets of approximately $127.8

By Elise Fordham

Australian Jurisdictional Disputes–A Low Comity approach

Since 1990 Australia has broken away from the mainstream common law approach in jurisdictional disputes (forum conveniens) and set a high bar for declining jurisdiction and the release of disputes to other sovereign jurisdictions. Australian Courts will retain jurisdiction unless it is clearly an inappropriate forum (adopting a forum inconveniens test). Mere inconvenience is inadequate – it must be oppressively so often with an element of abuse of process. This low comity app

By Susannah Quinn

How serious is "serious harm" in Australian defamation law?

Since the first stage reform to the Uniform Defamation Acts, defamation claims in Australia cannot succeed without satisfying a threshold element of "serious harm" (except in Western Australia). The legislation does not define the meaning of "serious harm". Against the background of a string of other recent decisions, the recent judgment of Latham v Greenwich [2026] FCAFC 82 has provided more certainty into how courts will interpret serious harm. Latham was an appeal from a

By Lindsey Cregan

Generative AI and legal privilege

Lessons from Australian organisations from United States v Heppner The challenge (and promise) of generative AI continues apace – including for lawyers, clients and courts, particularly in the context of privileged communications. While privilege is “an important common law right or, perhaps, more accurately, an important common law immunity”,[1] where conduct occurs that is inconsistent with privilege, legal professional privilege can be lost. And it is here that the use of

By Robert Johnston, Robert Wyld & Jan Hards

What the Children’s Court Is Actually Doing in Queensland — and Why That Matters

Youth justice is one of the most publicly debated and least understood parts of the criminal justice system in Queensland. This piece explains what the Children’s Court is actually being asked to do, and why that task is different from the one many people assume. A child is charged with an offence. The matter goes to court. And the reaction is often immediate: why is this being treated differently from an adult case? Why does the court seem to ask about age, schooling, home l

By Sacha Sarah Smith

Think Before You Send: Why “Disappearing” Can Come Back to Haunt You

Gone are the days of simply texting or calling. Today, most of us communicate across multiple apps at once. Whether it’s Snapchat, WhatsApp, Messenger, Instagram, Signal, Telegram or TikTok, it’s not unusual to have several conversations with the same person across different platforms. One feature that has become increasingly common is disappearing messages. Snapchat may have led the way, but now almost every platform offers some version of it. Even Instagram has “Vanish Mode

By Mickaela Mate

The 2026 Federal Budget: What It Actually Means for Your Separation

The Federal Budget does more than change tax rates and government spending. It can directly affect the financial outcome of a separation. Changes to capital gains tax, negative gearing, income tax, disability funding and housing policy all have the potential to influence property settlements, child support, spousal maintenance and the financial decisions separating families need to make. The 2026 Federal Budget introduces several significant reforms that family lawyers should

By Melanie Vairawanathan

Australian Privacy Principles (APPs) 3.2 and 3.5.

On 1 April 2026, Privacy Commissioner Carly Kind found that IRE Pty Ltd, owner and operator of 2Apply, interfered with individuals’ privacy by collecting personal information that was not reasonably necessary for its functions or activities, and through unfair means, in breach of Australian Privacy Principles (APPs) 3.2 and 3.5. In reaching this conclusion, the Commissioner placed particular emphasis on the design and operation of the 2Apply platform, the volume and sensitivi

By James Pratt

Changes to Primary Producer Registration (NSW) from 1 July 2026

Changes to the legislation came into effect on 1 July 2026. The change was to provide that a person must carry on a primary production business, within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, to be eligible to receive certain concessions on vehicle registration for primary producers. The change removes the historical emphasis on whether a person derived the majority of their income from farming. Under the Income Tax Assessment Act 1997 (Cth), a

By Belinda Hughes

The most misunderstood role in construction – the Superintendent

The superintendent – independent certifier or principal’s agent? In a perfect world, construction projects would run smoothly. Principals would have perfect drawings and perfect specifications which set out exactly what to build and even, notes on how to build it. With this perfect information, builders would know exactly what difficulties to expect when building, plan accordingly and deliver each project perfectly on time and for the originally agreed price. Unfortunately, w

By Alex Tuhtan

National Redress Scheme Status update: Closing dates, delays and the possibility of an extension

The National Redress Scheme is currently scheduled to close to most new applications in June 2027, but ongoing delays and a parliamentary inquiry have raised questions about its future. Institutions participating in the Scheme should remain alert to the potential for extension, reform and continuing obligations. *Disclaimer: This article discusses the National Redress Scheme and includes references to institutional child sexual abuse. Some readers may find this content distre

By Mathisha Panagoda & Lauren Flint

National Redress Scheme Status update: Closing dates, delays and the possibility of an extension

The Tax Tail Shouldn’t Wag the Estate Planning Dog

Testamentary trusts, tax reform and the human side of estate planning for a structure that only comes to life after death, testamentary trusts have been having a surprisingly lively moment. Thanks to the recent debate around the taxation of discretionary trusts, they’ve been pulled out of the legal cupboard, dusted off, and discussed everywhere from boardrooms to dinner tables - with, I suspect, more than a few estate planning lawyers on speed dial, fielding calls from unders

By Lisa Hughes

Decennial Insurance launched in Victoria

Key implications for design professionals and insurers On May 12, 2026, the Victorian Government introduced the Building Legislation and Treasury Legislation (Tax Relief) Amendment Bill 2026 into Parliament. The Bill includes provisions establishing a Decennial Insurance (DI) scheme for residential apartment buildings, representing a significant development for design professionals and the insurance industry. We set out below the key features of this new insurance product and

By Natasha Stojanovich