C & C | TheBrief

corporate & commercial

Kicked to the Curb: Changes to Limited Recourse Borrowing Arrangements

As a general rule, superannuation funds cannot borrow. A limited recourse borrowing arrangement (LRBA) allows self-managed superannuation funds (SMSF) to borrow money principally from third party lenders such as a bank, non-bank lenders or related party lenders (Lender), to buy a single asset (Asset). An LRBA provides further protection from creditors as the Lender can only claim recourse against the Asset itself, not other assets held by the SMSF. Prior to 10 August 2026, a

By Jemimah Fitzgerald

Kicked to the Curb: Changes to Limited Recourse Borrowing Arrangements

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

Back to Basics – The Scope of a Solicitor’s Duty of Care

In Boensch v Bingham (No 2) [2026] NSWSC 529, the Supreme Court of New South Wales dismissed all six professional negligence claims brought against a defendant solicitor, reaffirming the core principles that govern the scope of a solicitor’s duty of care. The decision confirms that a solicitor who acts within the scope of their retainer, reasonably relies on counsel’s advice and clearly documents the terms of their engagement will be well-placed to defend claims of this kind.

By Mark Brookes

From chemicals to court room

The dangers of PFAS contamination were brought into the public consciousness upon the release of Dark Waters in 2019 starring Mark Ruffalo, which told the story of Robert Bilott’s litigation against the chemical manufacturing giant, DuPont. background PFAS, often dubbed ‘forever chemicals’, are a class of synthetic chemicals that pose serious threats to both public health and the environment. A prominent environmental litigation attorney in the United States named Emily Lamo

By McKenzie Moore

The Debt Behind the Demand: Insolvency Is Procedural, Debt Is Evidential

A statutory demand remains one of the most powerful debt recovery mechanisms available to creditors. If a company fails to comply with a demand or apply to set it aside within the statutory timeframe, a presumption of insolvency arises. From there, a winding up order can follow quickly - often with serious immediate consequences, particularly for small to medium-sized enterprises. It is sometimes assumed that, once those procedural checkpoints have been crossed, the amount cl

By Sharon Giardina

HINO MOTORS CLASS ACTION SETTLEMENT APPROVED BY HIGH COURT OF NEW ZEALAND

Shine New Zealand’s fast-growing class action team has had its first ever court-approved settlement of a representative action. On 16 June 2026, Blanchard J of the High Court of New Zealand approved the NZD 10.9 million settlement of the Hino Motors Class Action, appointing Shine as Settlement Administrator [Sillsco Ltd v Hino Motors Ltd [2026] NZHC 1697 [16 June 2026]. Registrations for the settlement reflected approximately 70% of relevant vehicles.[1] As representatives

By Craig Allsopp & Caro Coates

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

High Court rules crypto-yield products require an AFSL

In a decision with far-reaching implications for the digital assets sector, the High Court has settled a contested question about the regulatory perimeter of Australia's financial services regime. On 17 June 2026, the High Court of Australia delivered its unanimous judgment in ASIC v Web3 Ventures Pty Ltd [2026] HCA 21, definitively resolving the question of whether crypto-yield products fall within the definition of 'financial product' under Chapter 7 of the Corporations Act

By Jennifer Lambley

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

Could Your Business Survive a Privacy Claim? Inside Australia’s New Privacy Reforms

High profile cyber attack cases (Optus, Medibank and Latitude to name a few) serve as cautionary tales of how data breaches can cripple a business and expose individuals to serious harm. While malicious attacks are often the ones which attract headlines, privacy breaches may also be caused by human error, misconfigured systems and/or unintended disclosures. Despite being one of the most significant risks facing Australian businesses today, privacy laws are often poorly under

By Simone Rees

Could Your Business Survive a Privacy Claim? Inside Australia’s New Privacy Reforms

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

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

A practical guide to Export Controls

How to navigate Australia's export control regime in 2026 Based on my contribution to a panel session titled: "ITAR and Defence Export Controls" at the Southern Space 2026 conference in Canberra, Australia. Thank you to my co-panelists from Department of Defence, EOS Space Systems, Saber Astronautics, and Lockheed Martin. Key takeaways Export controls now extend well beyond physical exports. They can affect who may access technology, how information is shared, which compone

By Dr Martyn Taylor

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